CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting
April 11, 2023
1:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:00 P.M. CONSENT, PUBLIC HEARINGS, GENERAL BUSINESS, AND ORAL
COMMUNICATIONS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
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Enter the meeting ID number: 946 8440 1344
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, April 10th
April 11, 2023 City Council 2
PLEASE NOTE:
Requests for extra speaking time on items other than #19 and Oral Communications must be made by 5:00 p.m. on Sunday, April 9th by emailing the Mayor and the City Clerk. Approval will be confirmed via email.
[email protected] [email protected]
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.
Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 9, Santa Cruz, California, during normal business hours.
Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 9, Santa Cruz, California, during normal business hours, and at the Council meeting.
Need more information? Contact the City Clerk’s office at 831-420-5030.
April 11, 2023 City Council 3
Closed Session
1:30 PM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Nancy P. Rowe
2) Claimant: Precision Grade Inc.
Claims against the City of Santa Cruz
2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed)
3. Real Property Negotiations (Government Code §54956.8) Property: 333 Locust Street
APN: 005-033-03
Owner: Smith Laura Trustee, Mathews William G. and Cynthia S.
Trustees, and Smith Sara Wood, Trustee
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Laura Smith Trustee et al.
Under Negotiation: Price, terms of payment, or both
April 11, 2023 City Council 4
City Council
3:00 PM
Call to Order
Roll Call
Presentation
4. Presentation of Care Court Legislation
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
5. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
6. Minutes of the March 28, 2021 City Council Meeting (CC) Motion to approve as submitted.
April 11, 2023 City Council 5
Consent Agenda (continued)
7. Municipal Wharf License Agreement with Humble Sea, Inc. at 45 Municipal Wharf (ED)
Motion to authorize and direct the City Manager to execute a revocable Municipal Wharf License Agreement and any amendments thereto of a non-substantive nature, in a form acceptable to the City Attorney, with Humble Sea, Inc. (doing business as Humble Sea Brewing Company) for the operation of a prototyping pop-up event space serving craft beer with food truck service at 45 Municipal Wharf.
8. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Nancy P. Rowe; and to return as late the claim of 2) Precision Grade Inc., based on staff recommendation.
9. Professional Services Agreement for the Development of a Request for Proposal in the Selection of a New Enterprise Resource Planning Software Solution (IT)
Motion to:
1) Adopt a resolution amending the FY 2023 budget in the amount of $165,200 for funding related to selecting a new Enterprise Resource Planning (ERP) software solution; and
2) Authorize the City Manager to execute a professional services agreement and scope of work with Berry Dunn McNeil & Parker, LLC (BerryDunn) in a form approved by the City Attorney to support the City of Santa Cruz (City) in developing a Request for Proposal (RFP) in selecting a new Enterprise Resource Planning (ERP) software solution.
10. Caltrans Sustainable Transportation Planning Grant Application - Active Transportation Plan Update (PW)
Motion to ratify the application for the California Department of Transportation Sustainable Transportation Planning Grant Program for the Active Transportation Plan Update, and further authorize the City Manager to accept and appropriate funds should the City be awarded.
April 11, 2023 City Council 6
Consent Agenda (continued)
11. Resource Recovery Facility Cell 3B Development Project (c401909) – Notice of Completion (PW)
Motion to accept the work of Sukut Construction, LLC (Santa Ana, CA) and authorize the filing of the Notice of Completion for the Resource Recovery Facility Cell 3B Development Project (c401909).
12. Contract Amendment 1 for Santa Cruz County Regional Bike Share Program (PW)
Motion to authorize the City Manager to execute all amendments to the Professional Service Agreement for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
13. Meter Replacement Project – Notice of Completion (WT) Motion to accept the work of Utility Partners of America, Inc. (Greenville, SC) as complete per the agreement and authorize the filing of a Notice of Completion for the Meter Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
14. Ratify Purchase Orders with Core & Main LP, Ferguson Enterprises, Iconix Waterworks, and Pace Supply for Water Distribution Parts and Materials (WT)
Motion to ratify purchase orders exceeding the formal bid limit for Core & Main LP (St Louis, MO), Ferguson Enterprises LLC (Newport News, VA), Iconix Waterworks Inc. (Snohomish, WA), and Pace Supply (Santa Clara, CA) for Water Distribution parts and materials as needed.
End Consent Agenda
April 11, 2023 City Council 7
Public Hearings
15. 2nd Reading and Final Adoption of Ordinance No. 2023-05 Amending the Santa Cruz Municipal Code Chapter 9.90 "AB 481 Military Equipment Use" (PD)
Adopt Ordinance No. 2023-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use.”
16. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan. Applicant: City of Santa Cruz. Location:
Citywide. Environmental Review: Exempt/Reuse of Prior
Environmental Impact Report (PW/PL)
Motion to introduce for publication an ordinance amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination identified in the agenda report.
General Business
17. Planning Commission Appointment (CC)
Motion to appoint one member to the Planning Commission, with a term ending January 31, 2026.
April 11, 2023 City Council 8
General Business (continued)
18. Downtown Parking Rates and Parking Requirements Update (PW) Motion to:
1) Adopt a resolution setting operating hours, parking and permit rates, and increasing parking lots/structures hourly rates and monthly permit rates; and
2) Introduce for publication an ordinance to amend Chapter 10.52 to increase downtown parking meter rates; and
3) Adopt a resolution to eliminate the parking deficiency fee paid by businesses, to update the automobile parking requirements for development projects in Parking District No. 1 per California Assembly Bill 2097 and set monthly parking permit rates.
The below item is continued to the April 25, 2023 Council meeting and will not be discussed.
19. Appeal of Proposed Single Space Markings on David Way (PW) Continued to April 25, 2023 Council meeting.
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
Adjournment
April 11, 2023 City Council 9
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – APRIL 11, 2023
20. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of February 28, 2023 - 3/11/23 (FNFYI 365)
21. Public Works Department: San Lorenzo River Levee FEMA Accreditation (c402112) Vegetation Management and Burrowing Rodent Mitigation Update - 3/21/23 (PWFYI 0108)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 11, 2023
22. Proclaiming April 1, 2023 as “Working Together to End Homelessness Day” and encouraging all residents to join in redoubling our efforts to collaborate in creating solutions to get unhoused individuals and families in our community into safe and stable affordable housing.
23. Proclaiming the month of March 2023 as “Procurement Month.”
24. Proclaiming Saturday, April 15, 2023 as “Leslie Arnold Yeffa Day” and encouraging all citizens to join in celebrating his 90th Birthday and expressing heartfelt appreciation for his charitable work and positive contributions throughout Santa Cruz County and his activities that have strengthened our community for today’s residents and for future generations.
25. Proclaiming April 1, 2023 as “Lili Beggs Day” and encouraging all citizens to join in celebrating her retirement and expressing heartfelt appreciation for her honorable work and positive contributions throughout Santa Cruz County for new mothers and babies.
April 11, 2023 City Council 10
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
Children’s Fund Oversight Committee Two openings – at-large nominations County Latino Affairs Commission One opening – at-large nomination Sister Cities Committee One opening – at-large nomination Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.
City Council Agenda Legislative History Addendum
No information was submitted.
City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.
The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda. Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission.
CARE Court FAQ
A New Framework for Community Assistance,
Recovery, and Empowerment
1. What is CARE Court?
CARE Court is a proposed framework to
deliver mental health and substance use
disorder services to the most severely
impaired Californians who too often
languish – suffering in homelessness or
incarceration – without the treatment they
desperately need.
It connects a person in crisis with a
court-ordered CARE Plan for up to 12
months, with the possibility to extend for
an additional 12 months. The framework
provides individuals with a clinically
appropriate, community-based set of
services and supports that are culturally
and linguistically competent. This includes
court-ordered stabilization medications,
wellness and recovery supports, and
connection to social services and housing.
2. How is self-determination
supported in the CARE Court
model?
Supporting a self-determined path to
recovery and self-sufficiency is core to
CARE Court, with a Public Defender and
a newly established CARE Supporter for
each participant in addition to their full
clinical team.
The role of the CARE Supporter is to help
the participant understand, consider,
and communicate decisions, giving the
participant the tools to make self-directed
choices to the greatest extent possible.
The CARE Plan ensures that supports and
services are coordinated and focused
on the individual needs of the person it is
designed to serve.
The creation of a Psychiatric Advance
Directive further provides direction on how
to address potential future episodes of
impairing illness that are consistent with
the expressed interest of the participant
and protect against negatives outcomes
such as involuntary hospitalization.
3. What are the criteria for
participation in CARE Court?
CARE Court is NOT for everyone
experiencing homelessness or mental
illness; rather it focuses on people with
schizophrenia spectrum or other psychotic
disorders who meet specific criteria –
before they get arrested and committed
to a State Hospital or become so impaired
that they end up in a Lanterman-PetrisShort (LPS) Mental Health Conservatorship.
Although homelessness has many faces
in California, among the most tragic is
the face of the sickest who suffer from
treatable mental health conditions—this
proposal aims connect these individuals
to effective treatment and support,
mapping a path to long-term recovery.
4.1 (rev 6/22)
California Health & Human Services Agency | chhs.ca.gov
4. What is the purpose of CARE Court?
CARE Court aims to deliver behavioral
health services to the most severely ill and
vulnerable individuals, while preserving selfdetermination and community living.
CARE Court is an upstream diversion to
prevent more restrictive conservatorships or
incarceration; this is based on evidence which
demonstrates that many people can stabilize,
begin healing, and exit homelessness in less
restrictive, community-based care settings.
With advances in treatment models, new
longer acting antipsychotic treatments, and
the right clinical team and housing plan,
individuals who have historically suffered
tremendously on the streets or during
avoidable incarceration can be successfully
stabilized and supported in the community.
CARE Court may be an appropriate next step
after a short-term involuntary hospital hold
(either 72 hours/5150 or 14 days/5250), an
arrest, or for those who can be safely diverted
from a criminal proceeding. Remote or virtual
proceedings may be especially effective for
CARE Court participants.
5. Is CARE Court a conservatorship?
No, it seeks to prevent the need for
conservatorship by intervening prior to
the need for such restrictive services and
providing shorter-term court ordered,
community-based care with Supportive
Decision Making.
Current Lanterman-Petris-Short (LPS) Act
Mental Health conservatorship is rarely
timely, difficult to have granted, establishes a
substitute decision maker for the person, and
typically relies on locked placements as a first
line intervention.
6. What does a participant in CARE
Court receive?
The framework provides individuals with a
clinically appropriate, community-based set
of services and supports that are culturally
and linguistically competent. This includes
short-term stabilization medications, wellness
and recovery supports, and connection to
social services and housing. Housing is an
important component—finding stability and
staying connected to treatment, even with the
proper supports, is next to impossible while
living outdoors, in a tent or a vehicle.
Each participant will also be provided a new,
designated CARE Supporter to assist with
Supported Decision Making for the CARE
Plan, the creation of a Psychiatric Advance
Directive, and a “graduation” plan for recovery
and wellness post-CARE Court. The role of
the CARE Supporter is to help the participant
understand, consider, and communicate
decisions, giving the participant the tools to
make self-directed choices to the greatest
extent possible. Participants will also have a
designated court appointed attorney, for court
proceedings.
7. How does CARE Court work?
Referral: The first step is a petition to the
Court, by a family member, behavioral
health provider, first responder, or other
approved party to provide care and prevent
institutionalization.
Clinical Evaluation: The civil court orders
a clinical evaluation after a reasonable
likelihood of meeting the criteria is found.
Court appoints a public defender and CARE
Supporter. The court reviews the clinical
evaluation and, if the individual meets the
criteria, the court orders the development of
a CARE Plan.
CARE Plan: The CARE Plan is developed by
county behavioral health, participant and
CARE Supporter including behavioral health
treatment, stabilization medication, and a
housing plan. The court reviews and adopts
the CARE Plan with both the individual and
county behavioral health as party to the court
order for up to 12 months.
4.2 California Health & Human Services Agency | chhs.ca.gov Support: The county behavioral health
care team, with the participant and CARE
Supporter, begin treatment and regularly
review and update the CARE Plan, as
needed, as well as a Psychiatric Advance
Directive for any future crises. The court
provides accountability with status
hearings, for up to a second 12 months,
as needed.
Success: Upon successful completion and
graduation by the Court, the participant
remains eligible for ongoing treatment,
supportive services, and housing in the
community to support long term recovery.
The Psychiatric Advance Directive remains
in place for any future crises.
8. What is meant by court-ordered
stabilization medications?
Stabilization medications may be included
in the court ordered CARE Plan.
Court ordered stabilization medications
are distinct from an involuntary medication
order in that they cannot be forcibly
administered. Seeking an involuntary
medication order for a participant would
be outside the proceedings and subject
to existing law. Failure to participate in
any component of the CARE Plan may
result in additional actions, consistent with
existing law, including possible referral for
conservatorship with a new presumption
that no suitable alternatives exist.
Stabilization medications would be
prescribed by the treating licensed
behavioral healthcare provider/prescriber
and medication management supports
will be offered by the care team. As a
participant in the development and ongoing maintenance of the CARE Plan, the participant will work with their behavioral
healthcare provider and their CARE
Supporter to address medication concerns
and make changes to the treatment plan.
Stabilizing medications will primarily consist
of antipsychotic medications, which are
evidence-based treatments to reduce the
symptoms of hallucinations, delusions, and
disorganization—these are the symptoms
that cause impaired insight and judgment
in individuals living with Schizophrenia
spectrum and other psychotic disorders.
Medications may be provided as longacting injections which reduce the day-today –adherence challenges many people experience with daily medications.
9. What if an individual does not
participate in the Court-ordered
CARE Plan?
An individual who does not participate
in the court-ordered CARE Plan may be
subject to additional court hearing(s). If a
participant cannot successfully complete a
CARE Plan, the individual may be referred by
the Court for a conservatorship, consistent
with current law. For individuals whose prior
conservatorship proceedings were diverted,
those proceedings will resume under a new
presumption that no suitable alternatives to
conservatorship are available.
10. Will CARE Court be available
statewide?
Yes—all counties will participate in Care
Court. There is not an option to opt-out.
11. What if a local government does
not provide the court-ordered CARE
Plan?
If local governments do not meet their
specified responsibilities under the courtordered CARE Plans, the Court will have the ability to order sanctions and, in extreme
cases, appoint an agent to ensure services
are provided.
4.3 California Health & Human Services Agency | chhs.ca.gov
12. How is CARE Court different from
current approaches in California
- namely Mental Health (or LPS)
Conservatorship and the more recent
Laura’s Law (Assisted Outpatient
Treatment)?
CARE Court applies only to a small and
distinct group of adults with under or
untreated Schizophrenia spectrum and
other psychotic disorders who meet certain
criteria.
CARE Court differs fundamentally from
Mental Health/LPS Conservatorship. It does
not include custodial settings or longterm involuntary medications. CARE Court provides a new CARE Supporter role, to
empower the individual in directing their care
as much as possible. Lastly, the court ordered
CARE Plan is no longer than 12 or, if extended,
24 months.
CARE Court is different from both Mental
Health/LPS Conservatorship and Laura’s Law
approaches in that it may be initiated on
a petition to the Court by family members,
service providers, and other authorized
parties, in addition to County Behavioral
Health. Local government is also part of the
court order, along with the participant, to
ensure accountability to the provision of
treatment and care.
CARE Court is also separate from Probate
Conservatorship where a court may appoint
a conservator for people determined to be
incapacitated to manage their financial or
personal care decisions.
13. How is CARE Court funded?
Existing funding sources for the CARE Plan
services and supports include nearly $10
billion annually for behavioral healthcare
(including Mental Health Services Act, mental
health realignment, federal funds) and the
proposed $1.5 billion for behavioral health
bridge housing, as well as various housing
and clinical residential placements available
to cities and counties under the Governor’s
$12 billion homelessness investments which
began in 2021. County behavioral health is
responsible for Medi-Cal Specialty Mental
Health Services and Substance Use Disorder
(SUD) treatment and community mental
health services.
Costs for the Court, the Public Defender, the
new CARE Supporter program, and state
oversight will require new funding. The state
will provide technical assistance to the
Counties and will be responsible for data
collection, evaluation, and reporting.
14. What housing is available to an
individual in CARE Court?
Housing is an important component of
CARE Court—finding stability and staying
connected to treatment, even with the
proper supports, is next to impossible while
living outdoors, in a tent or a vehicle. CARE
Plans will include housing. Individuals who
are served by CARE Court will have diverse
housing needs on a continuum ranging
from clinically enhanced interim or bridge
housing, licensed adult and senior care
settings, supportive housing, to housing with
family and friends.
In the 2021 Budget Act, the state made a
historic $12 billion investment to prevent
and end homelessness which included
unprecedented new funding to create new
community based residential settings
and long-term stable housing for people
with severe behavioral health conditions.
Additionally, the Governor’s proposed 2022-
2023 budget includes $1.5 billion to support
Behavioral Health Bridge Housing, which
will fund clinically enhanced bridge housing
settings that are well suited to serving CARE
Court participants.
4.4 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
April 18 155 Center St. Council Special Meeting ‐ Strategic Plan Workshop Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public May 23 and 24 Council Chambers Budget Hearings
May 29
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public June 19
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public July 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 15/16
September 24/25
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 10
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 23
November 24
December 7/8
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public December 25
Yom Kippur (City observed ‐ sundown to sundown)
City Council Meeting Calendar for 2023
November 28
December 12
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
June 27
September 12
September 26
May 23
City Hall Closure ‐ Juneteenth
Please note: Meeting times are not final and are likely to change August 8
May 9
April 25
June 13
City Hall Closure ‐ Labor Day
August 22
July 11 and 25 Meetings Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Independence Day
City Hall Closure ‐ Memorial Day
December 26 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐ sundown to sundown)
Rosh Hashanah (City observed ‐ sundown to sundown)
November 14
October 10
October 24
City Hall Closure ‐ Veteran's Day (observed)
5.1 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 28, 2023
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:32 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Attorney C. Bronson, City Attorney T. Condotti (via Zoom), Director of Economic Development B.
Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Referral to Closed Session
1. 495 Upper Park Drive and Appurtenances, APN 009-301-06, Portion MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to refer 495 Upper Park Drive and Appurtenances, APN 009-301-06, Portion to Closed Session for discussion regarding price, terms of payment, or both.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
6.1 March 28, 2023 CITY COUNCIL MINUTES 6414
Public Comment
Mayor Keeley opened the public comment period at 12:34 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:34 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
Closed Session
2. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
City Negotiator – Sara De Leon
Council received a status report from the City Negotiator, and no reportable action was taken.
3. Real Property Negotiations (Government Code §54956.8) 1) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
2) Property: 495 Upper Park Drive and appurtenances
APN: 009-301-06, portion
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Santa Cruz Consolidated Emergency Communications Center (doing business as Santa Cruz Regional 9-1-1) Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.
6.2 March 28, 2023 CITY COUNCIL MINUTES 6415
Closed Session (continued)
4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) Claimant: Russell E. Gross
Claim against the City of Santa Cruz
Council received a status report, took up under agenda item 18, and no reportable action was taken.
5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) County of Santa Cruz, et al. v. Purdue Pharma L.P., et al. (United States District Court, Northern District of California, Case No. 5:18-cv02803 and United States District Court, Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804)
2) City of Santa Cruz v. The Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
3) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
Council received a status report on 5.1 and no reportable action was taken. At the March 14, 2023 Closed Session meeting, and as a means of trying to work towards potential resolution of 5.2 and 5.3, Council gave direction for the Mayor to testify in front of the Board of Regents indicating the Council’s non-opposition to the Student Housing West Project, and meet with the Regents to discuss these pending litigative matters. Council unanimously voted in favor of ratifying those decisions.
6. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) This item was not discussed.
6.3 March 28, 2023 CITY COUNCIL MINUTES 6416
Closed Session (continued)
7. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) This item was not discussed.
6.4 March 28, 2023 CITY COUNCIL MINUTES 6417
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 28, 2023
3:30 PM
Call to Order – Mayor Keeley called the meeting to order at 3:32 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Attorney C. Bronson, City Attorney T. Condotti (via Zoom), Chief of Police B. Escalante, Water Director R. Menard, Director of Planning and Community Development L. Butler, Director of Economic Development B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Public Works N. Nguyen (via Zoom), Fire Chief R. Oatey (via Zoom), Chief People Officer S. De Leon (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Police Sergeant J. Trog, Senior Engineer K. Crossley, Sustainability and Climate Action Manager T. Wise-West, Water Chief Financial Officer D. Baum, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Presentations
8. Dientes 2022 Oral Health Report
Laura Marcus, CEO of Dientes, gave a presentation on the 2022 Oral Health Report.
9. Overview of Two Major Water Department Capital Investment Projects: The Graham Hill Water Treatment Plant Facility Improvement Project and the Felton to Graham Hill Water Treatment Plant Segment of the Newell Creek Pipeline Replacement Project
Water Director R. Menard and Senior Engineer K. Crossley gave a presentation.
6.5 March 28, 2023 CITY COUNCIL MINUTES 6418
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6413—6415 for the report.
Council Meeting Calendar
10. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Brunner made comments on items 13, 14, and 21.
Councilmember Brown made comments on items 17, 20, and 21.
Director of Planning and Community development L. Butler answered Councilmember Brown’s questions regarding item 20.
Councilmember Brown pulled item 14 for further discussion.
Vice Mayor Golder made a comment on item 22.
Mayor Keeley opened the public comment period. The following people spoke:
Unidentified person spoke regarding item 22.
James Ewing Whitman spoke regarding item 22.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to approve the remaining Consent Agenda.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
6.6 March 28, 2023 CITY COUNCIL MINUTES 6419
Consent Agenda (continued)
11. Minutes of the March 14, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
12. Minutes of the March 20, 2023 City Council Special Meeting (CC) Motion carried to approve as submitted.
13. Santa Cruz County Hazardous Materials Advisory Commission Nomination (CC) Motion carried to nominate Bob Nelson, Public Works Operations Manager, for appointment by the County Board of Supervisors to the County Hazardous Materials Advisory Commission.
14. Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database (CN)
Mayor Keeley opened the public comment period. The following people spoke.
Rhonda Reyna
James Ewing Whitman
Jasmeen Miah
Nicholas Whitehead
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to direct the Mayor to send letters to support Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database.
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to add to the letters that State Legislatures look to see that there is funding for implementation. Councilmember Brunner accepted.
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to direct staff to communicate with the County to consider these bills.
Councilmember Brunner accepted.
6.7 March 28, 2023 CITY COUNCIL MINUTES 6420
Consent Agenda (continued)
14. Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database (CN) (continued)
ACTION: The motion carried with the following vote.
She correct
AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brown.
ABSENT: None.
DISQUALIFIED: None.
15. Wharf Reinforcement Project (c512203) – Notice of Completion (ED) Motion carried to accept the work of Power Engineering Construction Company as complete per the plans and specifications and authorize the filing of the Notice of Completion for the Wharf Reinforcement Project (c512203).
16. Approval of Second Amendment to Lease and Road Improvement Agreement with the Santa Cruz Consolidated Emergency Communications Center at DeLaveaga Park and Related Authorizing Actions (ED)
Resolution No. NS-30,124 was adopted approving the Second Amendment to the Lease and Road Improvement Agreement with the Santa Cruz Consolidated Emergency Communications Center and authorizing the City Manager, or designee, to negotiate and execute any amendments, subleases, or use agreements and related documents, in forms approved by the City Attorney.
17. Downtown Library and Affordable Housing Development Project Ground Lease Authorization for 119 Lincoln Street (ED)
Resolution No. NS-30,125 was adopted authorizing the City Manager to enter into lease(s) and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a non-substantive nature, in forms approved by the City Attorney, for real property located at 119 Lincoln Street (APN 005-141-21) between the City of Santa Cruz and DTLMU Investors, L.P. (a California Limited Partnership), and/or or its affiliate(s), for the previously approved Downtown Library Affordable Housing Project on the site.
6.8 March 28, 2023 CITY COUNCIL MINUTES 6421
Consent Agenda (continued)
18. Liability Claim Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of Russell E. Gross, based on staff recommendation.
19. Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2022 (FN)
Motion carried to receive and file the Annual Comprehensive Financial Report (ACFR), and related reports, for the fiscal year ended June 30, 2022.
20. Annual Housing Element and General Plan Progress Reports (PL) Motion carried to accept the 2022 General Plan and Housing Element Annual Progress Reports and direct staff to submit the reports to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
21. SitelogiQ Harvey West Park Ballfield Lighting Project (c402307) – Budget Adjustment (PW)
Resolution No. NS-30,126 was adopted amending the FY 2023 budget and appropriating funds in the amount of $400,000 from Harvey West Ballfield Lighting (c302218) to Comprehensive Energy Solutions - Harvey West Park Ball Field Solar (c402307).
6.9 March 28, 2023 CITY COUNCIL MINUTES 6422
Consent Agenda (continued)
22. Emergency Electrical Inspection, Repair and Temporary Generator Installation at the Wastewater Treatment Facility (WWTF), and Approval of Additional Fuel Costs – Authorization of Emergency Contracts and Budget Adjustment (PW) Motion carried to:
Ratify the emergency contract with Cupertino Electric Inc. for inspection and repair of the WWTF main switchboard and temporary standby generator connection in the amount of $95,000 in accordance with Chapter 3.08.160 “Emergency Procurement” of the Municipal Code and in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
Ratify the emergency contract with Aggreko Inc. for temporary standby generator rental at the WWTF in the amount of $171,273.50 in accordance with Chapter 3.08.160 “Emergency Procurement” of the Municipal Code and in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget. Adopt Resolution No. NS-30,127 to amend the FY 2023 budget and appropriate funds in the amount of $869,400 for emergency fuel costs for the WWTF operating budget – Gas and Oil. The Public Works Director is authorized to execute change orders within the approved project budget.
23. City of Santa Cruz Share of Household Hazardous Waste Collection Program Cost – Budget Adjustment (PW)
Resolution No. NS-30,128 was adopted amending the FY 2023 budget to appropriate funds in the amount of $380,000 for the City of Santa Cruz portion of the County’s Household Hazardous Waste Collection Program.
End Consent Agenda
6.10 March 28, 2023 CITY COUNCIL MINUTES 6423
General Business
24. 2023 Legislative Program and Platform (CM)
Sustainability and Climate Action Manager T. Wise-West gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to approve the 2023 Legislative Program and Platform with additional direction to staff to present the Legislative Program to Council in the fall of each year, and that the report focuses on three and no more than five priority issues.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
6.11 March 28, 2023 CITY COUNCIL MINUTES 6424
General Business (continued)
25. Military Equipment Purchase Request and Policy Update per Assembly Bill 481 (PD)
Chief of Police B. Escalante and Police Sergeant J. Trog gave a presentation.
Mayor Keeley opened the public comment period. The following people spoke.
Lee Brokaw
Jasmeen Miah
Rhonda Reyna
James Ewing Whitman
Unidentified person
Ron Pomerantz
Darius Mohsenin
Robert Norse
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brunner moved, seconded by Councilmember Newsome, to:
Introduce for publication Ordinance No. 2023-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use”; and
Approve Santa Cruz Police Department (“SCPD”) Policy 705 incorporating the amended inventory of military equipment as defined by Assembly Bill 481.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
6.12 March 28, 2023 CITY COUNCIL MINUTES 6425
General Business (continued)
26. Approval of $127,730,000 Loan for Water Infrastructure and Finance Innovation Act Loan to Support Implementation of Approved Water Capital Investment Projects (WT)
Water Director R. Menard and Water Chief Financial Officer D. Baum gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
James Ewing Whitman
Unidentified person
Unidentified person
Ron Goodman
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to adopt Resolution No. NS-30,129 authorizing the City to enter into a loan agreement with the United States Environmental Protection Agency up to the amount of $127,730,000 for projects in the Council-approved capital investment plan (Graham Hill Water Treatment Plant (GHWTP) Facility Improvements Project, Newell Creek Pipeline Replacement (Felton to GHWTP) Project, University Tank 4 Project, and Aquifer Storage and Recovery (ASR) Project) and authorize the City Manager to execute the loan agreement and related documents, in forms approved by the City Attorney, and pay all closing costs.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
6.13 March 28, 2023 CITY COUNCIL MINUTES 6426
At this time, Council moved to item 27, then returned to Oral Communications.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 6:21 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Garrett Philip spoke regarding protecting cliff sides with beaches and COVID-19 vaccinations.
James spoke regarding seeing Sheriff Hart and Gail Newell, and COVID-19.
Jasmeen Miah spoke regarding homelessness and the need for emergency shelter during storms.
Unidentified person spoke regarding a book she recently read and the definition of genocide.
Reggie Meisler spoke regarding re striping David Way and the oversized vehicle ordinance.
Unidentified person spoke regarding Ocean Street and feels it is a highly neglected part of the City.
Joy Schendledecker spoke regarding community events that are part of the City Arts Redevelopment Grants.
At 6:36 p.m. Mayor Keeley closed Oral Communications.
6.14 March 28, 2023 CITY COUNCIL MINUTES 6427
General Business (continued)
27. Appeal of Proposed Single Space Markings on David Way (PW) Assistant City Attorney C. Bronson spoke.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to defer this item to the April 11, 2023 Council meeting, per staff recommendation.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 6:36 p.m.
Respectfully Submitted:
Julia Wood, Deputy City Clerk Administrator
Attest:
Bonnie Bush, City Clerk Administrator
Approved:
Fred Keeley, Mayor
6.15 City Council
AGENDA REPORT
DATE: 03/30/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: Municipal Wharf License Agreement with Humble Sea, Inc. at 45 Municipal Wharf (ED)
RECOMMENDATION: Motion to authorize and direct the City Manager to execute a revocable Municipal Wharf License Agreement and any amendments thereto of a nonsubstantive nature, in a form acceptable to the City Attorney, with Humble Sea, Inc. (doing business as Humble Sea Brewing Company) for the operation of a prototyping pop-up event space serving craft beer with food truck service at 45 Municipal Wharf.
BACKGROUND: The property at 45 Municipal Wharf was constructed circa 1970 and expanded the wharf for commercial development of the Miramar restaurant. The restaurant was demolished in 2019 leaving a vacant site on the Wharf and the City is currently in negotiations for redevelopment of the site. In early 2020, City staff planned a pop-up and issued a request for proposals (RFP) seeking parties interested in providing temporary food, beverage, and retail uses on site. Existing Wharf businesses and Santa Cruz area breweries were specifically invited to apply. Humble Sea, Inc., doing business as Humble Sea Brewing Company, was selected to participate in the pop-up, but the event was postponed until COVID-19 pandemic conditions improved. In the intervening years, site conditions deteriorated to a point where it was no longer safe to enter the site without substantial infrastructure repairs.
In May 2021 the City was awarded a U.S. Economic Development Administration (EDA) grant to restore the site to safe conditions. In June 2022, Power Engineering Construction Company was contracted to repair the site and has persevered through fierce winter weather to complete the project on schedule. A Notice of Completion was approved by City Council on March 28, 2023, and the site is now ready for use.
The site has never before been open to the public, and there is a narrow window of opportunity to open the space for public access, while the City finalizes plans for redevelopment of the site.
Commercial activity is also urgently needed to generate ancillary revenues that support existing Wharf businesses and ongoing Wharf maintenance. Authorization of a license agreement with Humble Sea Brewing Company will reboot the long-planned pop-up, temporarily open the site for public access, and generate much needed revenues to support existing businesses and wharf infrastructure.
DISCUSSION: Humble Sea Brewing Company is a local brewery (established in 2015) with a brand that compliments the maritime nature of the Wharf. It is currently growing from its
7.1 brewery and tap room on the westside of Santa Cruz with new locations in Pacifica and Felton.
Craft brewing has grown immensely in popularity over the past 15-20 years and continues to attract increasingly diverse patrons; many of whom seek out adventurous environments and unique culinary experiences, such as those found at the Wharf. It is believed that the existing market appeal of craft brewing, together with the growing regional following of Humble Sea Brewing Company will help draw new activity to the Wharf as a whole and support its many businesses.
Staff has been working with Humble Sea Brewing Company to secure the necessary permits, agreements, and logistics to activate the pop up in the critical summer window. Humble Sea Brewing Company has agreed to act as “booking agent” for the City by coordinating additional vendors on site (such as food trucks), managing site operations, and collecting rents from any contracted vendors. The City will then receive any rents collected by Humble Sea Brewing Company from contract vendors. This is believed to be the most effective way to balance staff capacity, City resources, and achieve immediate and dynamic results on site.
The proposed pop-up is planned to include a variety of publicly accessible seating, together with a small retail/merchandise kiosk, food truck(s), and the Humble Sea Brewing Company beer bar and vending van. Safety railings, event tents, and a windscreen structure are planned by staff to improve all weather seasonality of the site. Portable restrooms are also planned for the site, although the exact style and placement are being finalized. Given the limited capacity of food truck service and the desire to support all Wharf businesses, a directory will be installed at the entrance to the site to encourage patrons to visit other wharf merchants and place takeout orders from them as well.
The pop-up is planned to open as soon as possible, likely late April or early May and will remain open until late October, as weather permits. Anticipated hours of operation are as follows, but may adapt as conditions require.
- Shoulder Season (before Memorial Day and after Labor Day) o Minimum of weekends and holidays
o Six hours per day minimum (targeting three hours each for lunch and dinner service) - Summer Season (Memorial Day to Labor Day)
o Open 7 days per week
o Eight hours per day minimum
The negotiated License Agreement includes:
- Term of Lease: 8 months.
- Extension Options: One one-year option, at City’s discretion. - Rent: 8% of gross monthly sales, plus 10% of any contract vendor sales. - Tenant Improvements: Humble Sea will be responsible for site furnishings (tables, etc.) and equipment, including management and maintenance of any fixtures that may be installed by the City.
- Capital Improvements: The City is working to provide Americans with Disabilities Act and utility access, windscreen, fencing, and safety railings for the site.
Health in All Policies: The proposed project will open a temporary outdoor seating area allowing Wharf visitors to eat outside, thereby reducing the potential transmission of airborne pathogens like COVID-19, or the flu. Although the pandemic emergency has been rescinded and temporary
7.2 outdoor dining areas have been removed to free up Wharf parking, many patrons still prefer open air dining for this reason.
Numerous studies suggest that moderate beer consumption can provide cardiovascular and metabolic health benefits, and may help manage blood sugar and reduce overall mortality risk.
Food service on-site will help pace alcohol consumption and ensure the pop-up meets public safety requirements of low-risk drinking establishments.
FISCAL IMPACT: The revenue generated from the License Agreement will post to a capital project set up for property at 45 Municipal Wharf (w512101). Funds will be retained to offset the cost of capital improvements and for future redevelopment of the site or related Wharf infrastructure. Expected annual rental revenues are conservatively estimated at $75,000 the first year.
Prepared By:
David McCormic
Development Manager
Submitted By:
Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. HUMBLE SEA POP-UP - DRAFT SITE PLAN.PDF
7.3 0 5 10 20 Feet
1 inch = 10 feet
9’
LoreLorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi. Lorem ipsum dolor sit amet, cons ectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi. Lorem ipsum dolor sit amet, cons ectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praesent luptatum zzril delenit augue duis dolore te feugait nulla facilisi.
T
R
T
T
R
MAINTENANCE WALKWAY (NO PUBLIC ACCESS)
SIDEWALK
MAIN ENTRY
(E) BLACK CHAIN-LINK FENCE (E) BLACK CHAIN-LINK FENCE
(P) ACCESS GATE (12’) (P) ACCESS GATE (12’)
(P) IBC TOTE BARRICADES
AND TENT BALAST
(P) RETAIL CONTAINER
20’ W/ 2 ROLL DOORS
(P) TOJA GRID
PERGOLA WINDSCREEN
W/SHADE SAIL
(P) TENT ABOVE
15’ X 20’
(P) PORTABLE
RESTROOM
(P) REFRIG.
CONTAINER
20’
(P) BEER
TRUCK
(P) IBC TOTE BARRICADES
STACKED 2 HIGH
(FILLED 33% MIN.)
(P) TENT ABOVE
20’ X 20’
(P) PARADE BARRICADE FENCE
LAYOUT TBD ON SITE
(P) IBC TOTE BARRICADES
STACKED 2 HIGH
(FILLED 33% MIN.)
(P) TENT ABOVE
20’ X 20’
(P) PROPANE
+ DRY
STORAGE
GAMES
AREA
GAMES AREA
(P) WHARF DIRECTORY
+ REST. MENU BOARD
(P) PICNIC TABLES (13
(P) BIKE RACKS
(E) POWER PANEL
W/ SUBMETER
(100 AMP)
(E) POWER PANEL
W/ SUBMETER
(100 AMP)
(P) BISTRO TABLES (9)
RETAIL
BACK OF
HOUSE
(P) LOADING ZONE
NO PARKING DURING
CERTAIN HOURS
(E) HANDICAP
PARKING,
TO REMAIN.
(P) LOADING ZONE
NO PARKING DURING
CERTAIN HOURS
(P) PORTABLE
RESTROOM
SHADE
SAIL ABOVE
10’X12’ (TYP.)
(E) SAFETY RAILING
40’
5’
5’ 150’
12’
56’ 82’
8’ 5’
MIN.
60”
CLEAR
ADA
60”
CLEAR
ADA
60”
CLEAR
ADA
60”
CLEAR
ADA
60”
CLEAR
ADA
60”
CLEAR
ADA
60”
CLEAR
ADA
DESIGN
CHECKED
DATE
DRAWN
DRAWING NO.
SCALE
SHEET OF
337 Locust Street, Room 10
Santa Cruz, CA 95060
REVISIONS
C I T Y O F S A N T A C R U Z
C A L I F O R N I A
1866 SANTA CRUZ
C I T Y O F 45 MUNICIPAL WHARF
PROTOTYPING EVENT PROJECT
CONCEPT SITE PLAN S2
2023 FEB 21 1" = 8'
DM 29
DM
7.4 City Council
AGENDA REPORT
DATE: 03/30/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claim of 1) Nancy P. Rowe; and to return as late the claim of 2) Precision Grade Inc., based on staff recommendation.
BACKGROUND: N/A
DISCUSSION: Claim to be rejected:
1. Claimant: Nancy P. Rowe
Date of occurrence: 12/07/2022
Date of claim: 03/13/2023
Amount of claim: $9,900.00
Claimant seeks reimbursement for plumbing work to replace her water line on the property side of the water meter.
Self-Represented
II. Claim to be returned as late:
2. Claimant: Precision Grade Inc.
Date of occurrence: 05/31/2021
Date of claim: 03/10/2023
Amount of claim: $1,100.00
Claimant alleges City failed to pay an invoice related to a City Public Works project.
FISCAL IMPACT: No fiscal impact.
Prepared By:
Ross Brandon
Risk & Safety Manager
Submitted By:
Elizabeth Cabell
Finance Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
None.
8.1 City Council
AGENDA REPORT
DATE: 03/29/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Information Technology
SUBJECT: Professional Services Agreement for the Development of a Request for Proposal in the Selection of a New Enterprise Resource Planning Software Solution (IT)
RECOMMENDATION: Motion to:
1) Adopt a resolution amending the FY 2023 budget in the amount of $165,200 for funding related to selecting a new Enterprise Resource Planning (ERP) software solution; and 2) Authorize the City Manager to execute a professional services agreement and scope of work with Berry Dunn McNeil & Parker, LLC (BerryDunn) in a form approved by the City Attorney to support the City of Santa Cruz (City) in developing a Request for Proposal (RFP) in selecting a new Enterprise Resource Planning (ERP) software solution.
BACKGROUND: For the past two decades, the City has utilized Tyler Technology's Eden application as the City’s ERP software solution. However, Tyler Technology has declared that as of March 2027, support for Eden will no longer be available and the City will need to select a new ERP software solution. The Eden ERP system is responsible for enabling various City operations, including but not limited to Accounts Payable, Accounts Receivable, Budget Preparation, Fixed Assets, General Ledger, Human Resources, Payroll, Project Accounting, Purchasing, and Utility Billing.
Although the implementation of a new and modern ERP system will demand substantial efforts from all City departments, it will provide:
- Major advancements in efficiency, workflow, transparency, online access and internal controls, resulting in streamlined operations and enhanced accountability. - Significant improvements in the quality and quantity of information available, leading to more informed decision-making.
- Better accessibility to data to more efficiently evaluate the City's financials, operational trends, and performance measures.
- With the above, enhanced information sharing and transparency.
DISCUSSION: Considering the extensive amount of work required to complete an ERP replacement, there is an urgent need to promptly finalize an RFP and select a new solution.
Anticipating the time-sensitive nature of selecting and implementing a new ERP system, the Information Technology and Finance Departments have established this effort as a high priority.
9.1 Moreover, the City intends to utilize external expertise and collaborations to assist with the creation of the RFP and the selection of a new system.
City Staff solicited proposals from three vendors that specialize in assisting government agencies with ERP RFPs. Based on an evaluation of the three proposals, staff has concluded that it would be in the City's best interest to engage in a professional services contract with BerryDunn.
BerryDunn is a member of the Top 50 accounting firms with a focus on delivering specialized services to local and state governments. Additionally, BerryDunn has a proven track record of effectively developing RFPs for public organizations across the United States, including several establishments in California.
Under the proposed agreement, BerryDunn will offer a comprehensive range of professional services, including project planning, assistance with RFP development, support with system selection, guidance with contract negotiations, and assistance with approvals. BerryDunn will collaborate closely with the City to create detailed "as-is" models, which will provide an overview of the current business processes and technological challenges faced by City staff.
These models will form the basis for creating the City's "to-be" process models, which will be included in the RFP to enable proposers to offer solutions that meet or exceed the City's expectations. Furthermore, BerryDunn's proposal includes a plan to draft a second RFP that will be solely focused on Utility Billing if the City decides to separate this aspect of the business process into a distinct solution. This decision will be based on a thorough examination of the City's operations.
City departments are authorized and encouraged to take advantage of cooperative purchasing programs and State California Supply Schedules. All three vendors who submitted proposals are part of the California Multiple Award Schedules (CMAS), which provides a wide selection of commodities, non-IT services, and information technology products and services that have been reviewed and assessed to be reasonably, fairly, and competitively priced. The purchasing manager for the City has authorized the use of this cooperative purchasing program, allowing the City to collaborate with BerryDunn.
FISCAL IMPACT: The total amount for the scope of work agreement with BerryDunn is not to exceed $165,200. Budget will be allocated from the Capital Investment Program (CIP) project C152301 (City ERP Replacement). The C152301 CIP project was established in Fiscal Year 2023 to track all expenses related to the City's multi-year ERP replacement project.
Prepared & Submitted By:
Ken Morgan
Director of Information
Technology
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. BUDGET ADJUSTMENT.PDF
2. 2023-03-30 BERRYDUNN PSA ERP PROJECT MANAGEMENT.APPR AS TO FORM BY CAO.PDF
9.2 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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REQUESTED BY DEPARTMENT HEAD
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BUDGET/ACCOUNTING
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FINANCE DIRECTOR
APPROVAL
CITYMANAGER
APPROVAL
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03/29/2023
Appropriating budget in new project for tracking ERP expenses. 341-00-00-0000-49110 Transfer from Water Department 25,600 25,600
341-15-10-9910-57990 c152301 City ERP Replacement 165,200 711-00-00-0000-59166 Transfer to Information Technology Fund 25,600 190,800
-165,200
Ken
Morgan
Digitally signed
by Ken Morgan
Date: 2023.03.29
15:40:39 -07'00'
Ken
Morgan
Digitally signed
by Ken Morgan
Date: 2023.03.29
15:40:52 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2023.03.30 09:16:45 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.04.03 08:57:10 -07'00'
9.3 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 1
Professional Services Agreement With
BERRYDUNN
For _RFP SERVICES FOR ENTERPRISE RESOURCE PLANNING/UTILITY BILLING THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Berry, Dunn, McNeil & Parker, LLC, doing business as “BerryDunn”, a limited liability company formed in Maine, (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of April 17th, 2023 (the “Effective Date”).
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.
Consultant shall meet with Ken Morgan, Director of the IT Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.
SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.
The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.
9.4 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit A and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit A. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work. Markups shall not be charged for any approved sub-consultants or subcontractors.
Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $165,200 without advance written City authorization in the form of an amendment or change order.
Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.
All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses. ☒ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
• Travel before 8:00am qualifies for breakfast reimbursement. • Travel between 8:00am – 1:30pm qualifies for lunch reimbursement. • Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.
9.5 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 3
☒ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.
1. Reasonable fees for taxis, shuttles, buses, trains, light rail, ride hailing services (Uber, Lyft or other), and similar modes of transportation will be reimbursed. Receipts are required for reimbursement.
2. When using vehicles owned by Consultant or Consultant’s employer:
• Mileage will be reimbursed at the current IRS mileage rate. • Evidence of automobile liability insurance meeting the City’s requirements must be provided. • Maps showing starting point, City work location, and total miles are required for reimbursement.
3. Use of car rentals are reimbursable when:
• Travel is necessary from an airport to the City work location. • The rental reservation is made as far in advance as is practical and the lowest possible price is obtained. • Insurance coverage is included, and the car is returned with a full tank of gas. • The smallest vehicle necessary is rented.
• Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
• Receipts are required for reimbursement.
☒ Airfare: Airfare is reimbursable when the Consultant’s place of business, or Consultant’s employee’s home, is more than 250 miles away from Santa Cruz.
• Airfare must be lowest available coach class fare. Flights may be non-stop. • Airfare must be booked as far in advance as is practical. • Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
• Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
• If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
• Receipts are required for reimbursement.
☒ Lodging: Lodging is reimbursable when the Consultant must work on site for two or more consecutive days and the Consultant’s place of business or personal residence, is more than 60 miles away from Santa Cruz. • Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). • Costs for hotel rooms above this rate are the responsibility of the traveler. • Receipts are required for reimbursement.
General Rule
1. Travel expenses not listed or checked above will not be reimbursed.
2. Travel reimbursements are paid after the completion of travel. There are no travel advances.
3. Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant.
4. Tips and gratuities will not be reimbursed.
5. Alcoholic beverage purchases will not be reimbursed.
6. Consultants will exercise prudence in incurring reimbursable expenses.
7. The City of Santa Cruz has the sole discretion to deny any reimbursement request the City has determined to be excessive or an inappropriate use of public funds.
SECTION 6: CHANGES IN WORK
9.6 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 4
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit A shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating upon completion of the Scope of Work.
Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.
The Work Schedule for completion of the work shall be as shown upon Exhibit A. In the event that major changes are ordered, the schedule for completion as stated in Exhibit A may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.
Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.
The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.
Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit A in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.
SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.
The Consultant may terminate the Agreement for cause by providing written notice to the City` not less than 30 calendar days prior to an effective termination date.
The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within the specified time period to the City’s satisfaction.
Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.
Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All
9.7 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 5
finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit B. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
9.8 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 6
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit A, Fee Schedule.
SECTION 14: MISCELLANEOUS PROVISIONS
1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance, or City shall have the right to terminate this Agreement. Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.
2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
9.9 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 7
7. Conflicts of Interest. Consultant agrees to comply with conflict of interest lawsin performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.
8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.
Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.
Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.
9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computersoftware programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or
9.10 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 8
proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.
11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to
9.11 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 9
respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.
14. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5;
9.12 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 10
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices
18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.
Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the
9.13 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 11
performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.
26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:
To CITY:
Information Technology
Mike Schmidt
809 Center Street
Santa Cruz, CA 95060
[email protected]
831.420.5003
To CONSULTANT:
Berry Dunn McNeil & Parker
David Ledbetter
2211 Congress Street
Portland, Maine 04104-1100
[email protected]
480-482-3004
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
9.14 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 12
[SIGNATURES ON FOLLOWING PAGE]
9.15 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23) Page 13
Approved As To Form:
By: _____________________________ Date: __________________ Office of the City Attorney
CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker
City Manager
CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 3/30/2023
9.16 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23)
EXHIBIT A: (ATTACHED)
9.17 Maine Connecticut New Hampshire West Virginia Arizona Massachusetts Puerto Rico berrydunn.com
February 17, 2023
Attention: Michael Schmidt
City of Santa Cruz
809 Center Street
Santa Cruz, CA 95060
Dear Michael Schmidt:
On behalf of Berry Dunn McNeil & Parker, LLC (BerryDunn), we are pleased to submit this scope of work letter to the City of Santa Cruz (the City) as it plans for the potential replacement of its current enterprise resource planning (ERP) system—Tyler Eden.
Below on the following pages, we introduce our firm, describe our approach and proposed work plan, and outline the estimated fees associated with a project of this nature. Additionally, we provide our relevant experience in an appendix for further review and consideration.
Introducing BerryDunn
BerryDunn is a nationally recognized independent management and IT consulting firm, headquartered in Portland, Maine with nine office locations nationally. Focused on inspiring organizations to transform and innovate, we are a stable and well-established firm that has preserved our core values and reputation for excellence throughout our 49-year history. We have enjoyed steady growth by providing consistent, high-quality services to our clients in all 50 states—including the State of California (the State)—Puerto Rico, and Canada.
Our firm’s culture is centered on a deep understanding of our clients’ commitment to serving the public.
The human aspect of projects can often be forgotten in the maze of regulatory changes and legal requirements with which counties, cities, and departments must comply. BerryDunn proudly tailors each of its projects to recognize the work our clients do every day. We care about what we do, and we care about the people impacted by our work—including those at the City.
We employ more than 800 staff members—including more than 300 in our Consulting Services Team.
From extensive project experience for more than 400 state, local, and quasi-governmental agencies, our team brings valuable perspectives to every engagement. Additionally, our team has prior experience serving state and local government agencies, providing them with an in-depth understanding of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents the City serves.
Our firm provides a full range of professional services that supports our ability to complete tasks outlined by the City. These include:
• Software Planning and Procurement
• Software Implementation Project
Management and Oversight
• Business Process Improvement, Reviews,
and Redesign
• Organizational Change Management (OCM)
• Organizational, Operational, and Staffing
Analyses
• Performance Analyses
• Enterprise and Departmental Strategic
Planning
• Leadership and Organization Development
• Master Planning
• Cost of Service and Fee Studies
• Project Assessments and Remediation
• IT Assessments
• IT Strategic Planning
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Figure 1 illustrates the organization of BerryDunn's Local Government Practice Group. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges and addressing opportunities to improve and plan.
Figure 1: Local Government Practice Group Specialization BerryDunn Bridge and Our Independence
BerryDunn Bridge is a program facilitated by our Local Government Practice Group.
This program was developed to promote information sharing between public-sector software providers and our consultants and helps continually expand our own—and our clients’—understanding of the public-sector software landscape. BerryDunn Bridge provides opportunities to share our clients’ needs with the software vendor community and gain knowledge of upcoming technological trends, recent product developments, and find target markets for software providers.
Public-sector software providers opt into this program to establish a cadence of meetings between their team members and our own to keep up-to-date on industry and client trends. This includes knowledgesharing opportunities ranging from focused discussions between management teams to software demonstrations with a broader audience of consulting staff. As a result of this program, we can best serve our clients and pass on our knowledge gained—including modern software system capabilities not currently being utilized or perhaps even previously contemplated by our clients.
BerryDunn is not affiliated with any specific vendor, allowing us to provide truly independent advisory services to our clients. In that respect, we recognize the importance of networking and continuous market research to help ensure we are apprised of industry best practices, emerging trends, and updates in the software vendor community.
Approach and Proposed Work Plan
Project Management
To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. Our Consulting Services Team employs project management best practices from the Project Management Institute’s (PMI®’s) Project Management Body of Knowledge Guide (PMBOK® Guide), Version Seven.
Figure 2, on the following page, illustrates the phases of the project management life cycle, which provides a framework for managing any type of project.
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Figure 2: Project Management Life Cycle
Integrated Change Management Methodologies
Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or failure—of system selection and implementation projects. BerryDunn has observed resistance to change in virtually all our engagements. As such, our project management approach is carefully integrated with change management methodologies to promote buy-in and consensus for the project and we will work with you to proactively address resistance by:
1. Engaging stakeholders at the right level throughout the project—from initial planning through implementation—to build understanding for the need for change and gain support from the people who will be using the future solutions, and who are most familiar with current processes
2. Developing and executing a communications plan that considers the information needs of each stakeholder group
3. Documenting business processes, and working with stakeholders to understand how their work will be performed in the future environment
We have adopted the Prosci® change management methodology and trained over 100 consultants to become Prosci® Certified Change Practitioners (CCPs). A central focus of the Prosci® change management approach is the belief that, for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Prosci®, the likelihood of project success increases significantly, and in alignment with the level of change management focus applied to the project. Figure 3 shows that even small increases in focus on change management, from “poor” to “fair,” are likely to have a positive impact on system adoption and project success.
Figure 3: Change Management’s Impact on Project Success Consistent with the Prosci® methodology, the City can expect our change management approach to involve three stages, as described below.
• Preparing for Change. Developing of change management strategies, based on input from the City’s stakeholders on the existing environment.
• Managing Change. Overseeing assigned roles and tasks, providing training and coaching, using tools effectively, and executing a clear communication plan.
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• Reinforcing Change. Evaluating action plans, reviewing the sustainability of change management activities, and promoting individual and team successes.
Proposed Work Plan
BerryDunn strives to be flexible when it comes to development and execution of an effective work plan.
We understand that no two projects are exactly alike and believe that one of the primary reasons we have been successful with similar projects is our willingness to be flexible in adapting to our clients’ unique needs.
The overarching benefits the City can expect of our approach include:
• A methodology based on our extensive experience conducting similar projects • Quality assurance processes that incorporate the City project team’s review and approval of all deliverables and key milestones
• Built-in project management and change management best practices—focused on keeping the project on time, on budget, and progressing at a healthy pace—for the City’s stakeholders across its unique departments and associated functional areas to understand why and how findings and recommendations will improve the current environment
• A needs assessment that will include all key stakeholders across the City’s departments and associated functional areas within scope, focused on how those areas interact with each other and integrate with existing systems
• Thorough business process improvement activities, helping the City identify root causes of process and/or system deficiencies
Figure 4 presents an overview of our work plan intended to achieve the City’s goals and objectives for this important initiative.
Figure 4: Work Plan Overview
Below and the following pages, we provide details of our work plan to complete the City’s desired tasks.
Phase 0. Project Planning and Ongoing Project Management
0.1 Conduct initial project planning. We will conduct an initial project planning session with the City’s project team to introduce key team members, clarify goals and objectives, identify known project constraints, and refine dates and/or tasks, as appropriate. We will discuss our approach for managing communications between BerryDunn and the City and our approach to the scope, risks, and resource management. We will also request names and contact information for the appropriate staff members who will be involved in the project. These discussions will inform the development of the Project Work Plan and Schedule.
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Phase 0. Project Planning and Ongoing Project Management
0.2 Develop the Project Work Plan and Schedule. Based on the information gathered from our initial project planning session, we will develop the Project Work Plan and Schedule, which will address our approach for communications, scope, risks, and resource management. The Project Work Plan and Schedule will also address our approach to providing the exact services requested by the City and the agreed-upon time frame for each task. In addition, the Project Work Plan will incorporate agreed-upon procedures between BerryDunn’s and the City’s project teams related to project control, including quality management and deliverable submission/acceptance management. After providing draft versions of these materials in advance, we will facilitate a teleconference to review the drafts and solicit feedback from the project team. This feedback will be incorporated into the document, which will then be distributed to the project team in final form.
Deliverable 1 – Project Work Plan and Schedule
0.3 Develop Biweekly Project Status Updates. Throughout the project, our project manager will provide Biweekly Project Status Updates that describe the activities and accomplishments for the reporting period, plans for the upcoming month, risks or issues encountered during the reporting period, and anticipated problems that might impact any project deliverable. We will meet with the City’s project manager to review these updates.
Deliverable 2 – Biweekly Project Status Updates
Phase 1. Needs Assessment
1.1 Develop and issue a web survey and an information request and review the results. We will develop and distribute a web survey to City staff to understand issues and challenges with current business processes. We anticipate that this survey will be issued to the core department stakeholders and used to help determine the current challenges and areas for improvement. Prior to issuing the web survey, we will review the questions with the project team. We will use the survey results as one of many data points in developing our evaluation of the current environment. Additionally, prior to conducting our work, we will provide the City’s project team with an information request sheet to request available documentation that will be helpful to us during the project (e.g., organizational charts, documentation on existing systems, and policy documentation). We will respectfully request that the project team provide the requested information prior to the project kickoff meeting and interviews, as reviewing this information in advance of our work will enable us to be more efficient, become more knowledgeable of the current environment, and make best use of City personnel’s time.
1.2 Facilitate a kickoff presentation. We will conduct a kickoff presentation with City leadership and all project stakeholders. This will serve as an opportunity to introduce our project team members, discuss goals, present our project approach and methodology, review the schedule of key project dates, and answer questions. As part of this presentation, the City’s project sponsor is expected to participate and speak to the goals and objectives of the initiative.
1.3 Facilitate fact-finding meetings. Following the project kickoff presentation, we will conduct fact-finding meetings with City staff identified as current and future users of the ERP solution, based on the following functional areas:
• System Administration
• Project and Grant
Accounting
• Human Capital
• General Ledger
• Payroll
• Accounts Payable
• Cashiering and
Customer Service
• Budget
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Phase 1. Needs Assessment
Management
• Purchasing, Bids, and
Contract Management
• Time and Attendance
• Fixed Assets and
Inventory
• Accounts Receivable
• Technical Current
Environment
• Utility Billing
We will also meet with IT staff and representative stakeholders from each department, by functional area.
We will explore their experiences in daily interaction with the system, along with any additional areas we identify prior to or during the kickoff meeting. The purpose of these meetings is to review, evaluate, and document the City’s existing system functionality and understand processes that are critical or unique to the City. Where appropriate, our team will observe staff conducting business process routines. We will also meet with representatives from the City’s IT staff who support the existing applications to review available system documentation, existing data elements, and data reporting needs. When necessary, the BerryDunn team will accommodate unanticipated scheduling challenges of City personnel to make the best use of time. Our approach is to do what we can to accommodate such needs, providing the opportunity for all stakeholders to contribute their thoughts and ideas. We will schedule meetings to address all functional areas in the City’s requested scope that may be part of a future ERP environment.
1.4 Develop a Need Assessment Report. Drawing on the information gathered through our review of documentation, web survey results, and fact-finding sessions, we will prepare a Needs Assessment Report that will present our identified ERP improvement areas and recommendations. This report will include but not limited to:
• A high-level summary of findings
• Gaps in current systems functionality or integrations • Best practice functions, processes, and requirements
• Anticipated costs
• Other preliminary considerations
We will provide a draft of the Needs Assessment Report to the City for review and facilitate a work session via teleconference to explain our findings, gain feedback, and build consensus related to the presented system planning considerations. We believe it is important to obtain the City’s validation and approval of these findings, as this information will serve as the basis for future requirements as it relates to the City’s potential ERP system. We will then revise the report and update to final. Deliverable 3 – Needs Assessment Report
Phase 2. RFP Development – ERP and Utility Billing (UB)
2.1 Facilitate vendor outreach information sessions. If desired, we will provide an opportunity for up to five ERP vendors to provide information on the capabilities of the systems on the marketplace for three-anda-half hours each. We will provide these vendors with a format to follow for ease of comparison. By holding these sessions, the City will be better informed when finalizing requirements for the future ERP solution. At the conclusion of these sessions, we will conduct a debrief survey to solicit feedback from participants of desired functionality to be included in the RFP for a future system.
2.2 Develop Preliminary Functional and Technical Requirements. BerryDunn has developed a database of ERP- and UB-specific technical and functional requirements based on our experience with other governmental agencies, as well as our knowledge of software system functionality and best practices.
Drawing from this database, we will make refinements based on those processes that are critical or unique to the City. These requirements will support supplemental functionality requirements with key reporting,
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Phase 2. RFP Development – ERP and Utility Billing (UB) interface, and conversion enhancements. In our recent experience, those areas have significantly differentiated vendors’ solutions and require a specific focus in the selection activities. Our analysis typically results in about 75% of the requirements being defined upfront for most of our clients. Deliverable 4 – ERP and UB Preliminary Functional and Technical Requirements
2.3 Facilitate joint requirements planning (JRP) work sessions to review and update requirements.
We will facilitate a series of JRP work sessions with City stakeholders and our project team members to review the ERP and UB preliminary requirements. We will reconvene many of the same stakeholders, organized by functional area, which met during fact-finding activities to discuss the future system capabilities. Using the preliminary lists, we will review and confirm each item as well as assign a relative criticality to communicate to vendors responding to the list as part of their RFP responses. We will also facilitate similar meetings to review potential interfaces and data conversion objects. Once these have been reviewed, we will update the lists to final. Our role in facilitating the JRP work sessions involves contributing our focused knowledge of the vendor marketplace to align the items requested in the list with the goals and objectives of the project. For example, we might comment on where functionality being requested is beyond the core capabilities of vendors and might represent a cost increase. Conversely, we can advise on requirements to include that might be commonplace today, but beyond the familiarity of City stakeholders. Deliverable 5 – ERP and UB Final Functional and Technical Requirements
2.4 Develop ERP and UB RFP Packages. We will develop ERP and UB RFP Packages using a proven format that incorporates information pertaining to the history of the project, a high-level description of the City’s current environment, the City’s desired approach to implementing new ERP and UB solution(s), the City’s ERP and UB Final Functional and Technical Requirements, and a structured list of points for vendors to address in their responses. Our project team will also work with the City to develop objective evaluation criteria to include in the RFPs. We will then prepare a scoring matrix to track significant strengths and limitations of each proposal reviewed, based upon established evaluation criteria. Once complete, we will meet with the City’s project team to review the draft RFP Packages, collecting any feedback or additional terms for inclusion, before updating the RFPs to final and providing them to the City’s project team for distribution through its standard channels. In addition, we can provide a distribution list that includes most of the major ERP and UB solution vendors in the market.
Deliverable 6 – ERP and UB RFP Packages
Phase 3. System Selection Assistance
3.1 Assist with responding to vendor questions and developing addenda. Our project team will assist the City’s project team in responding to vendor questions and developing corresponding addenda.
3.2 Assist with facilitating a vendor pre-proposal conference by phone. Our project team will coordinate, plan, and lead a pre-proposal conference for interested vendors, facilitating the question-andanswer portion of the meeting. We will then compile a list of questions raised and will prepare suggested responses on the City’s behalf. These will be provided in a format that the project team can review, revise, and ultimately publish as an addendum to the RFPs, as determined by procurement staff.
3.3 Perform an initial completion review of vendor proposals received, identify initial items for clarification, and develop a Proposal Executive Summary Memo. We will facilitate the proposal review process by analyzing up to 12 vendor proposals to identify issues, risks, exceptions, omissions, and objections, compiling them in a single, executive-level Proposal Executive Summary Memo. The memo will
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Phase 3. System Selection Assistance
identify key areas for consideration by the evaluation team related to each vendor’s ability to meet minimum requirements, and alignment with the evaluation criteria within the RFPs. This memo will also include a comparison of vendor responses to the ERP and UB Final Functional and Technical Requirements.
3.4 Facilitate round one scoring meetings to identify short-listed vendors and items needing clarification. We will participate in a meeting with the evaluation team to review the proposal summaries, discuss each proposal received, assist in the scoring process, and collect scores to identify the top preferred vendors to invite for demonstrations. Typically, clients identify 2 – 3 preferred vendors. We will clarify any open items with these short-list vendors before issuing invitations for demonstrations. Deliverable 7 – Proposal Summary Memo and Short-List Identification
3.5 Assist the City project team in planning for demonstrations and writing demonstration scripts.
We will meet with the City’s project team to discuss the format of vendor demonstration scripts. We will develop a draft demonstration script template and provide it to the City’s project team for review. After finalizing an approved version, we will provide the appropriate scripts to each vendor in advance of demonstrations.
3.6 Facilitate vendor demonstrations. We will attend demonstrations and assist the City’s project team with facilitation for a period of up to five days for ERP and up to two days for UB. Our project team’s extensive background in the demonstration process will provide the City’s project team with a unique perspective on how to score, prepare, evaluate, and participate in vendor demonstrations.
3.7 Facilitate a round two scoring meeting to identify preferred vendors. We will participate in the second round of vendor scoring immediately following the final demonstration to identify the vendor or vendors for which the City’s project team should perform its reference checks.
3.8 Assist in planning for reference checks and site visits. We will assist the City’s project team with identifying tasks that should be accomplished prior to meeting at each site. We will coordinate with the City’s project team to discuss the suggested approach for these reference checks.
3.9 Facilitate a final scoring meeting. We will participate in the final round of vendor scoring via teleconference following the completion of reference checks and site visits. The objective will be to identify a preferred vendor and a second-choice vendor(s) should contract negotiations with the first be unsuccessful. Deliverable 8 – Preferred Vendor(s) Identification
Phase 4. Contract Negotiations and Approval Assistance
4.1 Support the City in the contract negotiations and approval process with its preferred vendor. At the conclusion of final scoring activities, we anticipate supporting the City with the contract negotiations and approval process when and where it will benefit the City most. We have been involved in this process from the client, vendor, and independent consultant perspectives and understand how the associated support needs vary and how the contract impacts the eventual implementation process.
In conducting contract approval and negotiations activities, we will draw on these experiences to help ensure the City’s best interests are met and project goals and objectives are achieved.
Working collaboratively with the City’s project team, legal counsel, and preferred vendor, among other stakeholders, we will take part in various activities, including, but not limited to:
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Phase 4. Contract Negotiations and Approval Assistance
• Developing a draft contract(s), using the City’s contracting procedures and the vendor’s proposal as starting points
• Reviewing contract documents with the City’s project team to help ensure that requirements are clearly defined and to establish that the City agrees to the schedule, implementation process, fee arrangement, scope of services, vendor resources, deliverables, costs, acceptance criteria, and terms and conditions
• Participating during negotiations with the preferred vendor(s) • Supporting presentation development and delivery to City leadership as it relates to receiving approval and contract execution
Should it become clear at any point during contract negotiations and approval process that the preferred vendor’s solution(s) or contract terms will not meet the needs of the City, we might recommend halting the process with that vendor and commencing efforts with the second-choice vendor.
In recognition of the many variables not yet known related to the contract approval and negotiation timeline and work effort, we plan to commit up to 60 hours, billed as incurred. Deliverable 9 – Contract Negotiations and Approval Assistance Optional Phase 5. Implementation Planning and Assistance
5.1 Develop an Implementation Planning Memo. BerryDunn will develop an Implementation Planning Memo, which will document lessons learned, compare project outcomes to project goals and objectives, list any remaining action items to conclude the implementation, and identify tasks, roles, and responsibilities for transitioning to operational use of the ERP and UB solution(s) and associated policies and processes. We will facilitate a meeting with the City’s project team to solicit feedback before updating the memo to final. Deliverable 10 – Implementation Planning Memo
5.2 Provide implementation assistance. We are prepared to offer two potential implementation assistance service options. We describe these two potential service options below for further review and consideration.
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Optional Phase 5. Implementation Planning and Assistance We are happy to customize our approach to providing implementation assistance with the City at the appropriate time to help ensure we provide its desired level of support.
Anticipated Schedule
Below, we present a high-level overview of the timeline associated with our previously described work plan for further review and consideration. The timeline for Optional Phase 5 will be defined when the City is nearer to selecting its future solution and the extent of BerryDunn’s involvement in that particular work effort is determined.
Month
1 2 3 4 5 6 7 8 9 10 11 12
Phase
0 1
2 3
4 Estimated Fees
Table 1, on the following page, presents the fixed-fee costs associated with our proposed work plan as it relates to Phases 0 – 4. These fees are based on our experience conducting projects of similar size and scope, and the assumption that satisfying a deliverable is based on the City’s signed acceptance. That said, the City will not incur any additional costs associated with the process of reaching deliverable acceptance. Optional Phase 5 costs will be provided as the City nears closer to determining its selected vendor and BerryDunn’s desired involvement in the implementation process.
Table 1: Fixed-Fee Project Costs
Phase ERP Cost UB Addition
Phase 0. Project Planning and Ongoing Project Management $11,200 $2,200 Phase 1. Systems Planning $39,500 $0
Phase 2. RFPs Development $44,500 $7,800
Phase 3. System Selection Assistance $29,500 $9,400
Phase 4. Contract Negotiations and Approval $10,400 $5,200 Total $135,100 $24,600
Estimated Travel Expense* $4,500 $1,000
*Travel expense is optional and will only be billed as incurred.
9.27 Michael Schmidt
February 17, 2023 | Page 11
We will submit monthly progress invoices based on the work completed toward each deliverable.
We value the City’s openness and flexibility to discussing our proposed services. No matter how many clients we assist, we always take care to ensure the experience is tailored to the nuanced needs and resources of our clients. Should you have any questions, or if you would like to discuss this letter, please feel free to contact either of us directly.
Sincerely,
Seth Hedstrom, Principal David Ledbetter, Manager
Local Government Practice Group Local Government Practice Group 207-541-2212 | [email protected] 480-482-3004 | [email protected]
9.28 Michael Schmidt
February 17, 2023 | Page 12
Appendix: Relevant Experience
Tyler Eden
We are currently or have helped several clients migrate from Tyler Eden, including:
• City of Avondale, Arizona
• City of Irvine, California
• City of San Leandro,
California
• City of Spokane Valley,
Washington
• Gallatin County, Montana
• Hamilton County, Indiana
• Pitkin County, Colorado
• Village of Downers Grove,
Illinois
Systems Consulting
Table 2, below and on the following pages, is a summary of public-sector system consulting projects with which our firm has assisted in the last ten years. We also provide population data to offer additional context regarding our experience.
Table 2: Systems Consulting Experience
Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance Albemarle County, Virginia (107,000) ✓
Arlington Public Schools, Virginia
(26,000 students)
✓ ✓
Berks County, Pennsylvania (415,000) ✓ ✓ ✓ ✓ ✓ ✓
Carver County, Minnesota (102,100) ✓ ✓
Chicago Metropolitan Agency for
Planning, Illinois (CMAP) (2,710,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Alameda, California (79,000) ✓
City of Alexandria, Virginia (150,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Allen, Texas (85,000) ✓
City of Amarillo, Texas (199,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Aurora, Colorado (369,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Avondale, Arizona (85,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Beaverton, Oregon (97,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Bismarck, North Dakota
(67,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
9.29 Michael Schmidt
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Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance City of Bloomington, Minnesota
(86,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Boca Raton, Florida (91,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Boulder, Colorado (105,000) ✓
City of Brighton, Colorado (40,000) ✓
City of Broken Arrow, Oklahoma
(112,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Burlington, Vermont (43,000) ✓
City of Cedar Hill, Texas (49,000) ✓ ✓ ✓ ✓ ✓
City of Chaska, Minnesota (26,000) ✓ ✓ ✓
City of College Station, Texas (95,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Coral Springs, Florida
(128,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Danville, Virginia (41,000) ✓ ✓ ✓ ✓ ✓ ✓
City of DeSoto, Texas (53,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Detroit, Michigan (675,000) ✓ ✓
City of Dover, Delaware (37,453) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Duncanville, Texas (40,000) ✓
City of Edina, Minnesota (52,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Fairfax, Virginia (24,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Fargo, North Dakota (122,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Farmers Branch, Texas
(35,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Fort Collins, Colorado
(165,000)
✓
City of Fountain Valley, California
(56,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Fredericksburg, Virginia
(27,000)
✓ ✓ ✓ ✓ ✓ ✓
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February 17, 2023 | Page 14
Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance City of Frisco, Texas (177,000) ✓
City of Gahanna, Ohio (35,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Gaithersburg, Maryland
(68,000)
✓
City of Garland, Texas (238,000) ✓
City of Glendale, Arizona (237,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Grand Prairie, Texas (193,837) ✓
City of Grants Pass, Oregon (35,000) ✓
City of Helena, Montana (32,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Homestead, Florida (65,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Independence, Missouri
(117,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Irvine, California (273,000) ✓ ✓ ✓ ✓ ✓
City of Irving, Texas (230,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of La Mesa, California (60,000) ✓
City of La Vista, Nebraska (13,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Lakeville, Minnesota (64,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Lawrence, Kansas (96,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Livermore, California (90,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Long Beach, California
(470,000)
✓
City of Manassas, Virginia (37,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Manassas Park, Virginia
(17,000)
✓ ✓ ✓ ✓ ✓ ✓
City of Mansfield, Texas (70,000) ✓ ✓ ✓ ✓ ✓ ✓
City of McKinney, Texas (181,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Medicine Hat, Alberta (61,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
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Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance City of Mercer Island, Washington
(26,000)
✓ ✓ ✓ ✓ ✓ ✓
City of Mesquite, Texas (134,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Midland, Texas (119,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Midvale, Utah (34,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Minot, North Dakota (48,000) ✓
City of Novato, California (52,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Ormond Beach, Florida
(42,000)
✓
City of Pearland, Texas (96,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Philadelphia, Pennsylvania
(1,581,000)
✓ ✓
City of Plano, Texas (287,000) ✓ ✓ ✓
City of Prior Lake, Minnesota (23,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Puyallup, Washington (41,000) ✓ ✓
City of Rapid City, South Dakota
(72,000)
✓ ✓ ✓ ✓
City of Redding, California (92,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Richland, Washington (53,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of San Leandro, California
(90,000)
✓ ✓ ✓ ✓ ✓ ✓
City of Santa Fe, New Mexico (70,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Shoreline, Washington (55,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Simi Valley, California
(126,000)
✓
City of Sioux Falls, South Dakota
(158,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Snoqualmie, Washington
(13,000)
✓ ✓
City of South Jordan, Utah (59,000) ✓ ✓ ✓ ✓ ✓ ✓
9.32 Michael Schmidt
February 17, 2023 | Page 16
Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance City Spokane Valley, Washington
(98,000)
✓ ✓ ✓ ✓ ✓ ✓
City of Sugar Land, Texas (89,000) ✓ ✓ ✓ ✓ ✓
City of Surprise, Arizona (121,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Tampa, Florida (388,000) ✓ ✓ ✓ ✓ ✓ ✓
City of Tucson, Arizona (525,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Waynesboro, Virginia (21,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Weatherford, Texas (31,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
City of West Jordan, Utah (108,000) ✓ ✓ ✓ ✓ ✓
City of Wheat Ridge, Colorado
(31,000)
✓ ✓ ✓ ✓ ✓ ✓
City of Wilmington, North Carolina
(117,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
City of Worcester, Massachusetts
(185,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Chesterfield County, Virginia
(353,000)
✓ ✓ ✓ ✓ ✓ ✓
Clark County, Washington (488,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Coconino County, Arizona (140,000) ✓ ✓
Doña Ana County, New Mexico
(218,000)
✓ ✓ ✓ ✓ ✓ ✓
Ellis County, Texas (185,000) ✓ ✓ ✓
Gallatin County, Montana (100,000) ✓ ✓ ✓ ✓ ✓ ✓
Goochland County, Virginia (23,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Guilford County, North Carolina
(537,000)
✓
Hamilton County, Indiana (338,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Henrico County, Virginia (325,000) ✓ ✓ ✓ ✓ ✓
Hillsborough County, Florida
(1,234,000)
✓ ✓ ✓ ✓ ✓
9.33 Michael Schmidt
February 17, 2023 | Page 17
Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance Kaua’i County, Hawai’i (72,000) ✓ ✓ ✓ ✓ ✓
Maui County, Hawai’i (167,000) ✓ ✓ ✓ ✓ ✓ ✓
Lafayette Consolidated Government,
Louisiana (242,000)
✓ ✓
Lake County, Illinois (700,000) ✓ ✓ ✓ ✓ ✓ ✓
Laramie County School District One,
Wyoming
✓ ✓ ✓ ✓ ✓ ✓
Louisville/Jefferson County Metro,
Kentucky (740,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Minnehaha County, South Dakota
(183,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Mobile County, Alabama (415,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Monroe County, Florida (74,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Montgomery County, Pennsylvania
(831,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Montgomery County Public Schools,
Maryland (1,040,000)
✓
New Kent County, Virginia (18,000) ✓ ✓ ✓ ✓ ✓ ✓
Newport School District, New
Hampshire
(1,000 students)
✓
Outagamie County, Wisconsin
(184,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Peoria County, Illinois (179,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Person County, North Carolina
(39,000)
✓
Pitkin County, Colorado (18,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Powhatan County, Virginia (30,000) ✓ ✓ ✓ ✓ ✓ ✓
Round Rock Independent School
District, Texas (48,000 students)
✓
Saginaw County, Michigan (191,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
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February 17, 2023 | Page 18
Client (Population)
Needs AssessmentGap AnalysisRisk AssessmentRequirements Articulation and GatheringRFP DevelopmentSoftware Evaluation Criteria Software Selection AssistanceContract Negotiation AssistanceImplementation Assistance Scott County, Iowa (166,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Scott County, Minnesota (143,000) ✓
St. Clair County Circuit Court, Illinois
(270,000)
✓ ✓ ✓ ✓
Sussex County, Delaware (200,000) ✓ ✓ ✓ ✓ ✓ ✓
Town of Greenwich, Connecticut
(62,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Town of Herndon, Virginia (22,000) ✓ ✓ ✓ ✓ ✓ ✓
Town of Lisbon, Maine (9,000) ✓
Tri-County Health Department,
Colorado (1,400,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Village of Downers Grove, Illinois
(49,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Village of Oak Park, Illinois (52,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Washington County, Minnesota
(252,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Washtenaw County, Michigan
(350,000)
✓ ✓ ✓ ✓ ✓ ✓ ✓
Yamhill County, Oregon (107,000) ✓ ✓ ✓ ✓ ✓ ✓ ✓
Broad Systems Familiarity
Table 3, below and on the following pages, describes our experience with ERP software vendors, including those that we have reviewed as part of systems planning engagements and those that clients selected for implementation. Our experience assessing a wide variety of vendors means that we understand the capabilities and limitations of today’s systems.
Table 3: ERP System Vendor Experience
Vendor Experience Summary
ADP
BerryDunn worked with the Town of Greenwich, Connecticut, as it implemented ADP as a replacement for Tyler Munis. In addition, BerryDunn reviewed ADP as part of system selection projects with the City of Boca Raton, Florida; the Tri-County Health Department, Colorado; and the Village of Oak Park, Illinois.
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February 17, 2023 | Page 19
Vendor Experience Summary
BAI
BerryDunn has reviewed BAI as part of several systems planning projects including for the City of Fredericksburg, Virginia; Powhatan County, Virginia; Goochland County, Virginia; and New Kent County, Virginia.
BS&A
BerryDunn has reviewed BS&A as part of several systems planning projects, including projects with the City of Prior Lake, Minnesota, and Three Rivers Park District, Minnesota.
CentralSquare
(Previously
SunGard Public
Sector and
Superion)
BerryDunn has worked with nearly 30 clients during the planning and implementation phases of replacing their CentralSquare systems and while considering CentralSquare product offerings. Examples of these clients include the Cities of College Station and Pearland, Texas; West Jordan, Utah; Bloomington, Minnesota; and Manassas, Virginia (all CentralSquare clients). We have additional experience with CentralSquare’s IFAS and OneSolution products through numerous recent projects where clients were considering these systems.
CGI, Inc.
BerryDunn has reviewed CGI, Inc. as part of system selection projects with the Louisville/Jefferson County Metro Government, Kentucky, and the City of Independence, Missouri. Our project for the City of Midland, Texas, focused on the City’s use of CGI software.
Harris Computer
(Advanced Utilities,
Systems &
Software, Cayenta,
inHance, Cogsdale,
Innoprise, GEMS)
BerryDunn has evaluated Harris software products such as Advanced Utilities, Systems & Software, Cayenta, inHance, Cogsdale, Innoprise, and GEMS as part of several systems planning projects, including work with the City of Irving, Texas; the City of Santa Fe, New Mexico; and the City of Richland, Washington. In addition, we have helped clients to select complementary systems to interface with Harris products, such as Advanced Utilities. Our project for the City of Irving, Texas included implementation project management for the Systems & Software enQuesta product. Our project for the City of Boca Raton, Florida included implementation project management for the Advanced Utilities solution.
Infor (Lawson and
Infinium)
BerryDunn provided independent quality assurance oversight of the State of New Hampshire’s Lawson ERP system implementation. We also evaluated Lawson as part of our ERP system selection consulting work for the City of Sioux Falls, South Dakota, and Scott County, Iowa. Our software system needs assessment work with the Montgomery County Public Schools in Maryland focused on the use of Lawson, as did the assessment work with Scott County, Minnesota. Our work with the City of Santa Fe, New Mexico; the City of Boca Raton, Florida; and Washington County, Minnesota, included assessing the Infor Infinium solution as part of the system replacement scope. We also have experience with Infor’s enterprise asset management software through several system planning and selection projects.
J.D. Edwards
BerryDunn has evaluated J.D. Edwards as part of several systems planning projects with public-sector clients. We also provided ERP replacement consulting services to Sussex County, Delaware, which was originally a J.D. Edwards client, in addition to Washtenaw County, Michigan; the City of Santa Fe, New Mexico; and the City of Independence, Missouri. Our project with the City of Fort Collins, Colorado, focused specifically on business process review related to the City’s use of the EnterpriseOne solution.
Keystone
Information
Systems
BerryDunn has reviewed Keystone’s software product for the Town of Christiansburg, Virginia; Powhatan County, Virginia; and the Cities of Manassas and Waynesboro, Virginia.
Kronos (TeleStaff BerryDunn provided project management services to the City of Santa Fe, New
9.36 Michael Schmidt
February 17, 2023 | Page 20
Vendor Experience Summary
and Workforce
Central/Dimensions)
Now part of Ultimate
Kronos Group (UKG)
Mexico, as it implemented both TeleStaff and Workforce Central. BerryDunn has also reviewed Kronos as part of numerous systems assessment and planning projects.
Microsoft Dynamics
(Formerly Great
Plains)
BerryDunn assisted the Tampa Port Authority with selecting Microsoft Dynamics for its ERP system. Additionally, our work with the Town of Christiansburg, Virginia, included assessing Microsoft Dynamics as part of its system replacement scope.
NeoGov (NeoGov
and Highline)
BerryDunn has reviewed NeoGov as part of numerous systems assessment and planning projects, including both through the proposals process as well as planning for interfaces with new software systems through the software planning process. We have provided implementation oversight services to Washington and Carver Counties, Minnesota, during each entity’s implementation work effort.
Oracle’s E-Business
Suite/Fusion Cloud
BerryDunn’s experience includes a system selection project for Arlington Public Schools, Virginia and most recently the City of Boca Raton, Florida and Berks County, Pennsylvania, who selected the Oracle Cloud Fusion solution. Our work with the Montgomery County Public Schools in Maryland consisted of an upgrade assessment of Oracle for financial modules, and our current work with the Louisville/Jefferson County Metro Government includes an assessment of its use of a legacy Oracle E-Business solution. In addition, we have helped clients to select complementary systems to interface with Oracle’s E-Business Suite.
Pentamation
BerryDunn worked with the City of Fairfax, Virginia, to identify opportunities for improving business processes in conjunction with the City’s planned upgrade of Pentamation. As part of the project, BerryDunn team members received training on the software and gained significant understanding of its features and functionalities.
BerryDunn has also reviewed Pentamation as part of numerous systems assessment and planning projects.
Performance,
Formerly KPMG
(Harris)
BerryDunn has reviewed Harris products as part of our work for Sussex County, Delaware. BerryDunn provided ERP consulting services to the City of Mesquite, Texas related to the replacement of its Performance system.
PeopleSoft
BerryDunn has reviewed PeopleSoft as part of our work with the State of Vermont, which resulted in the selection of PeopleSoft. We also provided independent verification and validation services of Massachusetts’s PeopleSoft Human Resources system upgrade and most recently worked with the Louisville/Jefferson County Metro Government, Kentucky, to lead them through a system replacement project for their existing PeopleSoft HCM environment. We also assisted the City of Glendale, Arizona, with a system replacement project for its existing PeopleSoft HCM and supply chain management environment and served in the role of implementation project manager.
Sage BerryDunn evaluated Sage as part of systems planning work with the Tampa Port Authority, Florida and Pitkin County, Colorado, where we provided project oversight.
SAP
BerryDunn conducted a project for the City of Toledo, Ohio, which involved evaluating the City’s current environment, developing requirements, and providing recommendations related to the upgrade of its existing SAP software or replacement with another commercial system. The City chose to upgrade its existing software.
BerryDunn has reviewed PeopleSoft products including ByDesign, SuccessFactors, and S/4 HANA, as part of several systems planning projects, including with the City of Irving, Texas, the City of Gahanna, Ohio; and Pitkin County, Colorado.
9.37 Michael Schmidt
February 17, 2023 | Page 21
Vendor Experience Summary
Tyler Technologies
(Munis, New World,
Eden, Incode
Products)
BerryDunn has evaluated Tyler’s software products, such as Munis, New World, Incode, and Eden, as part of numerous systems planning projects, including work with the Cities of Irving, Pearland, Mesquite, and Weatherford, Texas; the Village of Downers Grove, Illinois; Washtenaw and Saginaw Counties, Michigan; and Goochland County and the Town of Christiansburg, Virginia.
We have also evaluated Tyler’s Incode software as part of a financial system selection project for the City of La Vista, Nebraska, and provided project management services for Minnehaha County, South Dakota, as the County implemented Incode for tax collections. We have evaluated clients’ use of the Tyler Technologies Eden product as part of systems planning and replacement projects on several occasions, including work with Pitkin County, Colorado; Gallatin County, Montana; and the Village of Downers Grove, Illinois.
Ultimate Software
Now part of UKG
BerryDunn has evaluated Ultimate Software’s software as part of several systems planning projects, including the City of Broken Arrow, Oklahoma; the City of Edina, Minnesota; Saginaw County, Michigan; and Washington County, Minnesota. Other software providers also propose UKG which has resulted in clients selecting UKG.
Workday
BerryDunn has evaluated Workday’s software as part of several systems planning projects, including the City of Boca Raton, Florida; Louisville/Jefferson County Metro Government, Kentucky; Monroe County, Florida; Berks County, Pennsylvania; the City of Santa Fe, New Mexico; Pitkin County, Colorado; Washtenaw County, Michigan; and Washington County, Minnesota. We have also held recurring outreach sessions with Workday to keep abreast of product developments, product and company direction, as well as trends and challenges observed by Workday on implementation projects. A BerryDunn team is now leading the management of a Workday implementation for the Louisville/Jefferson County Metro Government.
9.38 Michael Schmidt
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Modules Familiarity
Our knowledge of today’s systems is not only broad in terms of the number of vendors we have evaluated; our team also has a significant depth of expertise in assessing the full suite of modules offered by these vendors, as depicted below.
The City will be pleased to notice that we have experience with all in-scope modules, thereby helping ensure a thorough and insightful process.
Accounting
Accounts Payable/
Receivable
Applicant Tracking
Benefits
Billing and
Collections
Budgeting
Building Permits
and Licenses
Business
Intelligence
Cash Receipts
Certificates and
Training
Check
Reconciliation
Code Enforcement
Computer-Aided
Dispatch
Computer Assisted
Mass Appraisal
Contract
Management
Credit Card
Functionality
Customer Billing
Customer-Facing
Web Interface
Customer
Information
Management
Debt Service
Management
Document
Management
Employee
Timecard
Facilities
Management
Finance
Fire Records
Management
Fixed/Capital Asset
Management
Fleet Management
General Ledger
Geographic
Information System
(GIS)
Grant Management
and Administration
Human Resources
Inspections
Inventory
Management
Land Management
Learning
Management
Miscellaneous
Billing
Municipal Court
Occupational
Licensing
Payment Card
Processing
Payroll
Pension
Management
Permitting
Personal Property
Assessment
Personnel
Planning and
Engineering
Plan Review
Point of Sale
Procurement
Project Accounting
Purchasing
Real Estate
Assessment
Recruiting
Request for
Service/Customer
Relationship
Management
Revenue
Collections
Special
Assessments
Tax Billing and
Collections
Time Entry
Treasury
Management
Utility Management
and Billing
Work Orders
9.39 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23)
EXHIBIT B: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work.
• AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
9.40 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23)
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
• For Data Security and Privacy Liability
1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.
2. The policy(ies) shall include coverage for claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.
3. The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
4. The policy(ies) shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
9.41 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23)
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy (and CPL, automobile and any Excess Liability/Umbrella policies, as applicable) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9.42 City of Santa Cruz Professional Services Agreement for RFP Services for ERP/UB February 2023 (Form Rev.01/23)
D. SUBCONTRACTORS
Consultant shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Consultant shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are named as additional insureds on insurance required from its contractor(s) and subcontractor(s).
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
9.43 City Council
AGENDA REPORT
DATE: 03/30/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Public Works
SUBJECT: Caltrans Sustainable Transportation Planning Grant Application - Active Transportation Plan Update (PW)
RECOMMENDATION: Motion to ratify the application for the California Department of Transportation Sustainable Transportation Planning Grant Program for the Active Transportation Plan Update, and further authorize the City Manager to accept and appropriate funds should the City be awarded.
BACKGROUND: In September 2013, Governor Brown signed legislation that created the Active Transportation Program, and Caltrans subsequently published guidance on the requirements of an Active Transportation Plan. The Active Transportation Program consolidates past federal and state transportation funding programs to a single program with a focus to make California a national leader in active transportation. The Active Transportation Program does not require a currently adopted Active Transportation Plan (ATP) to obtain funding, but it is planned that future funding cycles will have a requirement of an adopted ATP or similar. The components required by an ATP provide the groundwork to be successful in grant applications to this funding program.
The City of Santa Cruz (City) adopted their first ATP in 2017 after a two year, collaborative community-based process. The Plan was prepared by City Staff with extensive input from a stakeholder group, bicycle and pedestrian advocacy organizations, interested citizens, and city staff. The stakeholder group was made up of local bicycle and pedestrian advocates, program managers, local transportation professionals, City Schools staff, a Transportation and Public Works Commissioner, and a representative from the Elderly and Disabled Transportation Advisory Committee. A key component of plan development was a robust public participation process, which was accomplished through both traditional and innovative outreach methods. The public outreach process was designed to define the ATP programs, projects, and get input on policy guidance.
At this point, it is time to update the ATP to reflect progress made, changes in the policy and infrastructure toolbox, and to reinitiate community conversations on next steps in active transportation in Santa Cruz. The Caltrans Sustainable Transportation Planning Grant Program offers a potential fund source to implement this important update.
This report comes to Council after this grant was submitted due to time constraints on the grant deadline.
10.1 DISCUSSION: The City was one of the first in the state to complete an ATP in 2017. During the last ATP process, staff completed the planning process with a single staff person and a zerodollar budget. While this was possible at that time, in this update staff proposes seeking funding from the Caltrans Sustainable Transportation Planning Grant program in order to complete this work. Planned implementation of the planning process includes hiring of a consulting team to assist with the process in order to deepen community engagement, especially with disadvantaged communities, offer additional tools for outreach and communications, and build on experiences from other areas that have successfully implemented progressive Active Transportation Plans.
In the next iteration of the ATP, staff seeks to utilize a Vision Zero framework to assess, recommend, and determine an implementation framework for active transportation projects.
Additionally, staff aims to utilize community partners who are “trusted messengers” in community engagement in order to get deeper engagement and a wider variety of voices.
The Caltrans Sustainable Transportation Planning Grant program offers a grant minimum of $100,000 and a maximum of $700,000. The grant requires an 11.47% local match, which can be provided through local staff time billed to the project.
Policy Support
The Active Transportation Plan assists implementation of a General Plan Goal M4: “citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways” The Climate Action Plan has a goal to increase active mode share to 30% by 20023. Through the programs, policies, and projects in the Active Transportation Plan, this will help to achieve these General Plan and Climate Action Plan goals by prioritizing a list of projects and identifying funding to close gaps in the bicycle and pedestrian network and make Santa Cruz an easier place to move about using active modes.
FISCAL IMPACT: The total project cost is $434,850. This project is funded by Caltrans at a rate of 88.53%, with a required 11.47% local match. The local match of $49,877 will be funded by direct staff time. There is no impact to the General Fund.
Prepared By:
Claire Gallogly, AICP
Transportation Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
None.
10.2 City Council
AGENDA REPORT
DATE: 03/30/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Public Works
SUBJECT: Resource Recovery Facility Cell 3B Development Project (c401909) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Sukut Construction, LLC (Santa Ana, CA) and authorize the filing of the Notice of Completion for the Resource Recovery Facility Cell 3B Development Project (c401909).
BACKGROUND: On February 23, 2021, City Council approved the authorization to advertise this project and authorized the City Manager to execute the contract. On May 25, 2021, the project was awarded to the lowest responsive and responsible bidder, Sukut Construction, LLC.
Construction of Cell 3B began on July 7, 2021, which included excavating and stockpiling approximately 400,000 cubic yards of onsite soil, installing a leachate collection and removal system, and constructing a groundwater protection liner system for waste disposal. Cell 3B is estimated to allow for waste disposal until 2031 and will keep the landfill on track to reach maximum fill capacity in 2059.
DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be completed in accordance with the plans and specifications.
FISCAL IMPACT: The total project cost was $4,200,923.50. This project was funded by the Refuse Capital Investment Program (CIP) (c401909). There is no impact to the General Fund.
Prepared By:
Hoi Yu
Associate Professional
Engineer
Submitted By:
Nathan N. Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION.DOCX
11.1 Notice of Completion
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 8102 AND 9204, NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”).
The City’s mailing address is 809 Center Street, Room 201, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property
2. Title of Project. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Cell 3B Development Project
3. Project Number: C401909
4. The Property site location description or address (the “Property”) on which the Project was constructed is located in the City of Santa Cruz, County of Santa Cruz, State of California at: 605 Dimeo Lane, Santa Cruz, CA 95060.
5. Date of Completion. The Project on the Property was completed on: April 11, 2023
6. Name of Contractor. The name of the Contractor on the Project is: Sukut Construction, LLC
7. Address of Contractor. The address of the Contractor on the Project is: 4010 W. Chandler Ave. Santa Ana, CA 92704
8. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: the soil excavation, soil processing and stockpiling, subgrade preparation, installation of groundwater and leachate collection systems, and construction of the proper impermeable and protective layers related to the development of Cell 3B
9. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, April 11, 2023
DATED:
Nathan N. Nguyen
Public Works Director, as Owner’s Authorized Agent
City of Santa Cruz
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Public Works
Attn: Hoi Yu
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
11.2 Notice of Completion
VERIFICATION FOR THE CITY OF SANTA CRUZ
The undersigned, being duly sworn, says:
That I am the City Manager (or his/her official designee) of the City of Santa Cruz, a municipal corporation in the State of California. I have read the attached Notice of Completion and know and understand its contents. I declare under penalty of perjury that the facts stated in the Notice of Completion are true and correct, to the best of my knowledge.
Executed on 4/11/2023, at Santa Cruz, California.
Nathan N. Nguyen
Public Works Director, as Owner’s Authorized Agent
City of Santa Cruz
11.3 Notice of Completion 11.4
City Council
AGENDA REPORT
DATE: 03/30/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Public Works
SUBJECT: Contract Amendment 1 for Santa Cruz County Regional Bike Share Program (PW)
RECOMMENDATION: Motion to authorize the City Manager to execute all amendments to the Professional Service Agreement for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
BACKGROUND: In May 2018, the City of Santa Cruz (City) officially launched the first public bike share system in Santa Cruz County. This partnership with JUMP operated for two years, at which time JUMP merged with Lime and the program ended in the City of Santa Cruz.
Since that time, staff from the County of Santa Cruz, Cities of Santa Cruz, Capitola, Watsonville, and Scotts Valley, University of California Santa Cruz (UCSC), and Cabrillo College have been working collaboratively to determine a path forward for a regional bike share system in Santa Cruz County.
The City Council approved moving forward with a new regional bike share program in June 2021. In January 2023, the City finalized a contract with BCycle, LLC to be the regional bike share program vendor.
DISCUSSION: The City and BCycle entered into a contract for a Regional Bike Share Program in January 2023. Since that time, BCycle contacted the City to identify an issue with the cyber liability terms in the contract. After review by City Attorney and Risk Management, the City has no issues with the proposed change to amend the cyber liability coverage as follows:
From:
Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $10,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Vendor in this contract.
To:
Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Vendor in this contract.
12.1 In order to address this, this first amendment to the contract is required.
FISCAL IMPACT: None.
Prepared By:
Claire Gallogly, AICP
Transportation Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. CONTRACT AMENDMENT 1.DOCX
12.2 City of Santa Cruz Professional Services Agreement for Santa Cruz County Regional Bike Share Program
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PROFESSIONAL SERVICES AGREEMENT FOR
SANTA CRUZ COUNTY REGIONAL BIKE SHARE PROGRAM
THIS AGREEMENT for professional services (the “Agreement”) is made by and between the City of Santa Cruz (“City” or “Host Agency”) and BCycle, LLC (“Vendor”) (referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”). The Parties understand that Vendor will have a Professional Services Agreement with substantially the same terms as this Agreement with the following public entities: City of Santa Cruz, The Regents of the University of California, on behalf of its Santa Cruz campus, County of Santa Cruz, City of Capitola, City of Watsonville, and Cabrillo College (each a “Participating Jurisdiction” and collectively, the “Participating Jurisdictions”)
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Vendor will furnish work and services as defined and described in the Scope of Work (the “Regional Bike Share Program”), attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF VENDOR
All work performed by Vendor, or under Vendor’s direction, shall be rendered in accordance with the generally accepted industry practices, and to the standards of, Vendor's profession. Vendor represents and warrants that Vendor: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the experience and financial and operational capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Vendor shall not undertake any work or services beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by Host Agency.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Vendor's responsibility .
Vendor shall meet with designated staff member(s) of Host Agency,_Claire Gallogly, Transportation Planner hereinafter called "authorized representative", or other designated, delegated and/or authorized Host Agency personnel, as necessary, on all matters connected with carrying out of Vendor’s services described in Exhibit A.
Such meetings shall be held at the request of either Party. Review, approval, or acceptance of Vendor’s work shall not relieve Vendor from responsibility for errors and omissions in Vendor’s work.
SECTION 3: RESPONSIBILITIES OF THE HOST AGENCY
Host Agency shall make available to Vendor all necessary data and information in the Host Agency's possession and shall actively assist Vendor in obtaining such information as needed. Vendor is entitled to reasonably rely upon the accuracy and completeness of such data and information, provided that Vendor shall provide Host Agency prompt written notice of any known defects in such data and information.
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The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. Host Agency will be the sole judge of acceptable work under this Agreement for work and services performed, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, Host Agency will inform Vendor of the changes or revisions necessary to secure approval.
SECTION 4: FEES AND PAYMENT
There will be no cost to the Host Agency for Vendor’s services in accordance with the Scope of Work. Vendor is solely responsible for the costs of all equipment, set up, maintenance, required license fees, permits, taxes, and costs for compliance with all applicable regulations in performing its obligations related to this Agreement. Vendor is also subject to reimbursing the Host Agency for electricity costs and other costs, as applicable, as may be agreed to by the Parties. Vendor agrees to make available similar or the same terms to the benefit of each of the Participating Jurisdictions, if applicable.
If applicable, Vendor shall reimburse the Host Agency for the electricity costs on a monthly basis on the first day of each month unless otherwise directed by Host Agency.
If the required reimbursement payment are not received by the Host Agency within 60 days of receipt of an invoice, Vendor shall pay to the Host Agency an additional one and one- half percent (1.5%) per month on the unpaid balance until paid. The Parties agree that said late charges and interest represent a fair and reasonable estimate of the costs that the Host Agency will incur by reason of late payment by Vendor. The acceptance by the Host Agency of any late charge shall not constitute a waiver of Vendor's default with respect to the overdue amount, nor prevent the Host Agency from exercising any of the other rights and remedies available to the Host Agency under this Agreement or as provided by law.
SECTION 5: LICENSE TO USE PROPERTY
(a) Vendor shall conduct its activities and use Host Agency property and the other public right-of-way strictly in accordance with the terms of: (i) Conditions of Use of Public Property as set forth in Exhibit H attached to this Agreement setting forth the provisions approved by the Host Agency for the Regional Bike Share program and all other applicable permits, licenses, rules, and regulations related to Vendor’s performance of its obligations under the Agreement.
(b) Vendor shall at all times conduct itself and use of property, public right-of-way, and site(s) which have been approved for Vendor’s use, in such a manner so as not to damage any property of Host Agency or the public rightof-way except for ordinary wear and tear. Vendor shall be liable to Host Agency for any damage to any property arising out of or in any way directly or indirectly related to any action or activity of Vendor, or its employees, agents, or contractors, except for ordinary wear and tear.
(c) Vendor shall consult with Host Agency and not make any structural improvements, alterations or additions to any site on any Host Agency’s property or public right-of-way without the appropriate prior written consent (which consent may be withheld, conditioned or delayed at the Host Agency’s sole and absolute discretion). Any and all such improvements, alterations, and additions shall be in conformity with all applicable laws, rules and/or regulations.
(d) Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to the Regional Bike Share Program; and Vendor shall keep the Host Agency free and clear of any liens arising therefrom. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against
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the Host Agency for any such work or activities performed. Licensee shall indemnify, defend and hold harmless the Host Agency and the Participating Jurisdictions, their respective officials, officers, Regents, and employees from and against any and all liens, claims, demands, liabilities, reasonable costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work done, labor performed and/or materials furnished on Vendor’s behalf. If any such liens shall be filed against the Host Agency, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed thirty (30) business days from the date the same were recorded in the office of the applicable County Recorder.
SECTION 6: CHANGES IN WORK
Host Agency may negotiate changes in the Scope of Work, but no changes in the Scope of Work shall be made without the written approval of Host Agency and Vendor. Any change requiring compensation in excess of the sum specified in Exhibit D shall be approved in advance in writing by the Host Agency. Only Host Agency’s authorized representative(s), with the approval of Host Agency’s legislative body, if applicable, is authorized to approve changes to this Agreement on its behalf.
SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall begin on the Launch Date and expire five (5) years thereafter, with the option for additional successive terms upon mutual agreement of Host Agency and Vendor.
Vendor shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the Host Agency. Any extension of the initial five (5) year term shall be subject to the approval of the Host Agency and the Vendor.
The Work Schedule for performance of services and target dates for the work shall be as shown upon Exhibit E. If major changes are ordered, the schedule for completion as stated in Exhibit E may be adjusted by Host Agency so as to allow Vendor a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.
The Host Agency reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.
Vendor acknowledges that it is necessary for Vendor to perform its obligations as set forth in Exhibit E in order to allow the Host Agency and the Participating Jurisdictions to achieve their objectives for entering into their respective contracts with Vendor. The Parties therefore agree that time is of the essence in the performance of this Agreement.
SECTION 8: TERMINATION
The Host Agency may terminate the Agreement for convenience beginning on the third (3rd) anniversary of the Launch Date by providing written notice to Vendor not less than 90 calendar days prior to an effective termination date. The Host Agency may terminate this Agreement at any time if the Vendor fails to cure a material default in performance or material breach within a period of 30 calendar days (or such longer period agreed to by the Host Agency), from the date of the Host Agency’s written termination notice specifying the default in performance.
12.5 City of Santa Cruz Professional Services Agreement for Santa Cruz County Regional Bike Share Program
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Beginning on the second (2nd) anniversary of the Launch Date, Vendor shall have the right to terminate this Agreement following 90 days’ written request to cure in the event that:
1. The minimum number of Electric Bicycles and docks are not satisfied with respect to each of the Participating Jurisdictions, as set forth in Section 2 of Exhibit A (Scope of Work) attached hereto.
2. The consolidated ridership across all Participating Jurisdictions is fewer than two (2) user trips per Electric Bike per date over any continuous six (6) month period as measured from the start of the second (2nd) anniversary of the Launch Date.
In addition, Vendor shall have the right at any time to terminate this Agreement upon 90 days’ written notice in the event that combined annual rate of theft and vandalism rendering bikes inoperable exceeds twenty percent (20%) of the overall bike fleet, the size of which shall be measured by the rolling average of available bicycles over the prior year; provided, however, that in order to exercise such termination right (i) Vendor shall have made commercially reasonable efforts to mitigate the theft of bicycles (including but not limited to: requesting cameras, relocating equipment, requesting more police or community safety deterrence, and/or replacing hardware), and (ii) Vendor shall have filed or otherwise documented police reports for each stolen bicycle.
Subject to the prior notice requirements to the other Participating Jurisdictions, as stated above, Vendor may terminate this Agreement if the Host Agency fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Vendor), from date of the Vendor’s written termination notice specifying the default in performance.
Upon notice of termination by either the Host Agency or Vendor, the Vendor will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the Host Agency upon the termination date. In the event of Vendor’s failure to perform pursuant to the Agreement, the Host Agency reserves the right to obtain services elsewhere. Termination of the Agreement pursuant to this paragraph shall not relieve the Vendor of any liability to the Host Agency for additional costs, expenses, or damages sustained by the Host Agency due to failure of the Vendor to perform pursuant to the Agreement. After the effective date of termination, Vendor will have no further claims against the Host Agency under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Vendor will maintain and comply with the Insurance Requirements as set forth in Exhibit G. Vendor will insure the Host Agency and the Participating Jurisdictions against claims for injury or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Vendor.
SECTION 10: INDEMNIFICATION/WAIVER
Vendor agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Host Agency, and its respective officials, officers, employees, agents, students, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Vendor,
12.6 City of Santa Cruz Professional Services Agreement for Santa Cruz County Regional Bike Share Program
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Vendor’s officers, employees, agents, customers, invitees, or subcontractors in any way related to this Agreement.
Vendor’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses. This provision shall survive the termination or expiration of this Agreement.
Assumption of Risk, Hold Harmless, and Release. Vendor agrees to require its customers (in a form acceptable to the Host Agency and other Participating Jurisdictions) to expressly consent to assume any and all risks and responsibility arising from use of the Vendor’s services and to hold harmless and release all Participating Jurisdictions and their respective officials, officers, agents and employees, from and against any and all liability arising from the customer’s use of Vendor’s services.
SECTION 11: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the Host Agency and Vendor. Vendor acknowledges that no such amendment shall be effective until approved and authorized by the Host Agency’s authorized representative.
Vendor agrees to make available similar or the same terms to the benefit of each of the Participating Jurisdictions, if applicable.
SECTION 12: MISCELLANEOUS PROVISIONS
1. Vendor Key Staff. Host Agency reserves the right to consult with Vendor regarding Vendor’s selection of General Manager and Operations Director, and other key staff assigned by Vendor to work under this Agreement. If, after notice and a reasonable opportunity for Vendor to address any Host Agency concerns regarding key staff, Host Agency desires a change of Vendor key staff assigned to work under this Agreement, Vendor shall replace the key staff at issue or Host Agency shall have the right to terminate this Agreement for cause.
2. Vendor Services Only. Vendor is contracted to render professional services only as the exclusive bike share provider for the Host Agency for the term of the Agreement.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Vendor, including each of Vendor’s employees, agents, subcontractors or others under Vendor’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the Host Agency for any purpose. Nothing in this Agreement will be construed to create any joint venture or partnership between the Host Agency, any of the Participating Jurisdictions or Vendor. Vendor agrees to comply with AB 5 (2019), codified at California Labor Code section 2750.3, and shall indemnify, defend and hold harmless the Host Agency, their respective officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Vendor’s supervision or control was misclassified.
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4. Vendor Not an Agent. Except as the Host Agency may specify in writing, Vendor shall have no authority, express or implied, to act on behalf of the Host Agency. Vendor shall have no authority, express or implied, pursuant to this Agreement to bind the Host Agency to any obligation whatsoever.
5. Subcontractors Upon Request from Host Agency,. Vendor shall consult with Host Agency regarding any issues or concerns with Vendor’s selected subcontractors. If after notice and an opportunity to address any concerns the Host Agency determines any subcontractor is incompetent or unqualified, Vendor will be notified and will be expected to immediately cancel the subcontract. Vendor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the Host Agency, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the Host Agency in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Host Agency. Neither Party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Vendor owes the Host Agency a duty of loyalty in performing the work and services under this Agreement. Vendor covenants (on behalf of Vendor and Vendor’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement.
Vendor acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including but not limited to the Political Reform Act, Section 1090 of the Government Code, and the Host Agency’s conflict of interest code. Vendor will immediately advise the Host Agency if Vendor learns of a conflicting financial interest of Vendor during the term of this Agreement.
8. Intellectual Property, Data Security, and Indemnity. a. Intellectual Property. Intellectual Property is defined as any marks, marks application, patent, patent application, moral right, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right in data, goods, products, or services, including any corrections, enhancements, updates, modifications, or derivative works, in any media, or any other intellectual property right, whether registered or unregistered, and whether first made or created before or after the Effective Date). For the avoidance of doubt, Vendor’s Intellectual Property shall include, but not be limited to, Vendor’s software programs, User Platform, Operator Platform, and Lock.
b. No Infringement. Vendor represents to the Host Agency that Vendor’s Intellectual Property used in connection with any work, services and/or products related to this Agreement does not violate or infringe upon any intellectual property or other ownership rights of any other person or entity. c. Data Breach and Security. Vendor represents and warrants that its collection, access, use, storage, disposal, and disclosure of transaction and usage data does and will comply with all applicable federal, state, and local privacy and data protection laws, rules, regulations, and directives. In the event of a data security and/or data breach or suspected data security and/or data breach, which includes a compromise or suspected compromise of the security, confidentiality, or integrity of any user transaction data related to this Agreement, Vendor shall notify Host Agency and Participating Jurisdictions in writing of any breach
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as soon as practicable, but no later than thirty-six (36) hours after Vendor becomes aware of such breach.
Vendor shall (at its sole cost and expense) use commercially reasonable efforts to immediately remedy any breach and prevent any further data security or data breach in accordance with applicable privacy rights, laws, rules, regulations, and standards. Vendor shall also, at its sole cost and expense, be responsible for all required notice obligations to individuals whose data was or may have been breached or compromised.
d. PCI Compliance. Vendor shall ensure fees are collected from its customers, and otherwise provide the goods and services, in compliance with then-current Payment Card Industry’s Data Security Standards (“PCI DSS”), or successor industry standards, and with applicable federal and California state law concerning the protection of user data.
e. Indemnity. To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless Host Agency, its respective officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Vendor’s work, service, or performance under this Agreement or to the Host Agency’s or a Participating Jurisdiction’s authorized intended or actual use of Vendor’s product, work, or service under this Agreement. This provision shall survive termination or expiration of this Agreement. f. Claims of Infringement. If any product or service becomes, or in the Vendor’s opinion is likely to become, the subject of a claim of infringement, the Vendor shall, at its sole expense: (i) provide the Host Agency and Participating Jurisdictions the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Vendor’s commercially reasonable efforts, in addition to other available legal remedies, the Host Agency and Participating Jurisdictions will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Vendor. Vendor will return to Host Agency and each of the other Participating Jurisdictions their respective data and proprietary information at no charge prior to any return of the product or termination g. Proprietary Marks. Marks associated with Host Agency, Vendor, and any sponsor are and shall remain the property of Host Agency, Vendor, and the sponsor, respectively. Notwithstanding the above and subject to the limitations, terms, and conditions set forth in this Agreement, neither Party shall use the other Party’s marks without the prior written consent of the other Party, unless expressly permitted by this Agreement.
9. Data and Confidentiality.
a. Vendor shall not acquire any ownership interest in data and information (“Host Agency Data”) received by Vendor from the Host Agency, which shall remain the property of the Host Agency.
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b. Data collected by Vendor (“Vendor Data”) that is not Host Agency Data shall remain the property of Vendor, with the understanding that this does not alter the data sharing requirements in Exhibit B. c. Certain information may be considered confidential. Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, that has been designated in writing as “Confidential” by the Disclosing Party prior to its disclosure in connection with this Agreement (“Confidential Information”). Unless otherwise required by law, neither Party shall, without the other Party’s express written permission, use or disclose Host Agency Data and/or Confidential Information of the other Party, other than in the performance of the obligations under this Agreement. As between Vendor and the Host Agency, all Confidential Information shall remain the property of the respective Parties.
d. Vendor shall be responsible for ensuring and maintaining the security and confidentiality of Host Agency Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of Host Agency Data and Confidential Information, protect against unauthorized access to or use of Host Agency Data and Confidential Information that could result in substantial harm or inconvenience to the Host Agency or any end users; and ensure the proper return and/or disposal of Host Agency Data and Confidential Information upon termination of this Agreement with notice to the Host Agency. e. Vendor shall take appropriate action to address any incident of unauthorized access to Host Agency Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying Host Agency and other Participating Jurisdictions as soon as possible of any incident of unauthorized access to Host Agency Data and Confidential Information, or any other breach or suspected breach in Vendor’s security that materially affects Host Agency, other Participating Jurisdictions, or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected Host Agency Data be divulged to unauthorized third parties, Vendor shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Vendor’s sole expense. Vendor shall not charge Host Agency for any expenses associated with Vendor’s compliance with these obligations.
f. Limitations on Use of Confidential Information. Each Party acknowledges that it may receive Confidential Information from the other Party during the Term of this Agreement. The Receiving Party shall not disclose the Disclosing Party’s Confidential Information to any third party and shall limit disclosure of such Confidential Information to employees, agents, contractors, investors, advisors, and financial institutions having a need-to-know, provided that each are under confidentiality obligations similar to those contained herein. The Disclosing Party’s Confidential Information may only be used by the Receiving Party for the purpose of implementing this Agreement. Any and all copies by Receiving Party of a Disclosing Party’s Confidential Information shall reproduce, without modification, any and all proprietary markings and other legends contained thereon. The Receiving Party shall treat Confidential Information as it does its own valuable and sensitive information of a similar nature, and, in any event, with not less than reasonable care.
Upon the Disclosing Party’s written request, the Receiving Party shall return or certify the destruction of all Confidential Information.
g. Exceptions to Confidentiality Restrictions. The confidentiality obligations of each Party under this Agreement will not apply to information that the Receiving Party can demonstrate (i) was in its possession
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at the time of disclosure without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the Receiving Party, (iii) has been received from a third party without restriction on disclosure and without breach of agreement or other wrongful act by the Receiving Party or, to the Receiving Party’s knowledge at the time of such disclosure, by such third party, (iv) is independently developed by the Receiving Party without use of the Confidential Information of the Disclosing Party, or (v) is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority, provided that the Receiving Party shall furnish prompt written notice of such required disclosure to the Disclosing Party.
h. Remedies. The Parties acknowledge that failure on the part of a Receiving Party to abide by this Section will cause the Disclosing Party irreparable harm for which damages will not be an adequate remedy at law.
Accordingly, the Disclosing Party has the right to an injunction to prevent any violations or attempted violations of this Section and to recover court costs and reasonable attorney fees incurred by the Disclosing Party in the enforcement of this Section.
i. Indemnification. Vendor shall defend, indemnify and hold harmless Host Agency, its officials, officers, Regents, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of Host Agency Data or data of one or more Participating Jurisdictions, and/or Confidential Information by Vendor and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the Host Agency. This provision shall survive the termination or expiration of this Agreement.
10. Warranty. Vendor warrants that the goods, work, and services shall be provided and/or performed pursuant to the accepted practices and to the standards of vendor’s industry.
11. Exception to Limitation of Liability. Any limitation of liability agreed to by the Parties shall not apply to Vendor’s indemnification obligations, to Vendor’s data breach obligations, or to the Parties’ confidentiality obligations as set forth in this Agreement.
12. Vendor's Records. Vendor shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the Host Agency, Participating Jurisdictions, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the termination of this Agreement, unless otherwise stated herein. If Vendor engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
13. California Public Records Act. Vendor understands that Host Agency is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Vendor’s proprietary information is contained in documents or information submitted to Host Agency, and Vendor claims that such information falls within one or more CPRA exemptions, Vendor must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information. Host Agency will make best efforts to provide notice to Vendor prior to such disclosure. If Vendor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to
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obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the Host Agency is required to respond to the CPRA request. If Vendor fails to obtain such remedy within the time the Host Agency is required to respond to the CPRA request, the Host Agency may disclose the requested information without any liability to Vendor. Vendor further agrees that it shall defend, indemnify and hold the Host Agency harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by the Host Agency of a CPRA request for information arising from any representation, or any action (or inaction), by the Vendor.
14. Compliance with Laws. All activities of Vendor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
15. Licensure. Vendor warrants that Vendor, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of such.
16. Prevailing Wages for Public Work. To the extent that a portion of the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such portion of the work/and or services under this Agreement. Vendor (and any subcontractor/) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Vendor agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Vendor shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Vendor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812 with respect to portion of the work or services that is a “public work”; c. If Vendor employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Vendor shall ensure compliance with Labor Code section 1777.5; d. Vendor is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Vendor shall post a copy of the applicable prevailing wage rates at each “public work” jobsite at a location readily available to its workers performing covered work.
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f. Any failure of Vendor and/or its subcontractor to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the Host Agency’s performance of this Agreement at the Host Agency’s sole and absolute option and shall be at the sole risk of Vendor. Vendor on behalf of itself and any subcontractor, agree to indemnify, defend and hold harmless the Host Agency and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Vendor acknowledges that it and/or any subcontractor may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
17. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.
Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. If no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code section 9204(e), but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
18. Force Majeure. Neither Party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, supply chain shortages, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties (a “Force Majeure event”). Each Party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. If either Party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule based on discretion of the Host Agency with input from the Participating Jurisdictions, if applicable. Vendor shall provide documentation of such event(s) and the reasonable efforts to remove or eliminate the cause of delay or default.
19. Complete Agreement. This Agreement, along with any attachments or exhibits, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
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20. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
21. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
22. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with California law. The exclusive jurisdiction and venue for any and all actions arising out of or brought under this Agreement is California state court in Santa Cruz County, California.
23. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
24. Notices. If either Party shall desire or is required to give notice to the other Party, such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:
To HOST AGENCY:
Claire Gallogly
City of Santa Cruz Public Works
809 Center St Room 201
Santa Cruz CA 95060
To VENDOR:
Business Name
Vendor Contact Name
Address
Email/Phone
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
25. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
26. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
Attached Exhibits
Exhibit A: Scope of Work
Exhibit B: Data reports from Vendor
Exhibit C: Description of Goods – Bicycles, Docks, Locks, and Technology Exhibit D: Fee schedule - User Fees and Fees for Use of Public Property
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Exhibit E: Target dates for work schedule
Exhibit F: Service Level Agreement
Exhibit G: Required Insurance
Exhibit H: Conditions of Use of Public Property
Exhibit I: Vendor Organizational Chart
[SIGNATURES ON FOLLOWING PAGE]
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Signed for and on behalf of:
City of Santa Cruz
By: _____________________________
Date: _____________________
Approved As to Form:
By: ______________________________________
Date: ________________________
BCycle LLC
By: _____________________________
Date:________________________
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EXHIBIT A: SCOPE OF WORK
Purpose and Objectives
The goal of a Regional Bicycle Sharing Program in the Santa Cruz County region is to encourage bicycle use as an appealing, convenient, affordable, active, healthy, environmentally friendly, and congestion-reducing transportation option that is accessible to all residents, commuters, students, visitors and tourists alike. The program aims to leverage existing transportation investments and provide a network of bike share stations and bikes that increase multi-modal transportation options throughout the region.
1. DEFINITIONS
Capitalized terms used in this Agreement shall have the meanings given to them below.
1.1.“Advertising” shall mean any content or matter, whether electronic or printed, including words, pictures, photographs, symbols, graphics, visual images, or sounds of any kind, or any combination thereof, promoting or soliciting the sale or the use of a product or service or providing other forms of textual, visual, and/or audible messages or information, but in no event shall it include any message or information that is required to be posted on any Product(s) by any federal, state, or local law, rule, or regulation or by this Agreement.
1.2.“Agreement” shall have the meaning set forth in the introductory paragraphs of this Agreement.
1.3.“Bicycle”, “Bike”, and “Electric Bicycle” shall mean each unit of Vendor’s proprietary electric bicycle that materially conforms to the electric bicycle description set forth in Exhibit C, and/or such other type of bicycle(s) as agreed to by the Parties.
1.4.“Bicycle Station” means a configuration of multiple bicycle docks in groupings of two (2) or more Bicycle docks.
1.5.“Bicycle Dock” or “Dock” means each unit of Contractor’s proprietary bicycle rack that materially conforms to the bicycle dock description set forth in Exhibit C, and/or such other type of bicycle rack(s) as agreed to by the Parties.
1.6.“Regional Bicycle Sharing Program” or “Bike Share” shall mean the regional bicycle sharing program implemented, managed, and operated by Vendor at the Site using the Goods.
1.7.“Host Agency” shall have the meaning set forth in the introductory paragraphs of this Agreement.
1.8.“Confidential Information” shall have the meaning set forth in Section 12, Paragraph 9 of this Agreement.
1.9.“Custom Mobile App Landing Page” shall mean a Site-specific User mobile app that provides information on and enables participation in the Regional Bicycle Sharing Program. The Mobile App Landing
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Page is a part of and provides access to the User Platform. The Custom Mobile App Landing Page shall display correctly on all major mobile devices, and shall be available in English and in Spanish.
1.10. “Effective Date” shall have the meaning set forth in the introductory paragraphs of this Agreement.
1.11. “Fare Cards” shall have the meaning set forth in Section 3.3.3.
1.12. “Goods” shall mean Products and Services.
1.13. “Implementation Services” shall have the meaning set forth in Section 2.3.
1.14. “Initial Term” and “Term” shall have the meaning set forth in Section 7, Paragraph 1.
1.15. “Intellectual Property” shall have the meaning set forth in Section 12, Paragraph 8 of this Agreement.
1.16. “Launch Date” shall have the meaning set forth in Section 2.3.1.
1.17. “Lock” shall mean each unit of Vendor’s proprietary bicycle lock that materially conforms to the bicycle lock description set forth in Exhibit C, and/or such other type of bicycle lock(s) as agreed to by the Parties.
1.18. “Management Services” shall have the meaning set forth in Section 2.1.
1.19. “Marks” shall mean any and all logos, trade names, designs, symbols, trademarks, and/or service marks.
1.20. “Panel” means each unit of Vendor’s proprietary information panel that materially conforms to the panel description set forth in Exhibit C, and/or such other type of panel(s) as agreed to by the Parties.
1.21. “Participating Jurisdictions” shall have the meaning set forth in the introductory paragraphs of this Agreement.
1.22. “Products” shall mean Vendor’s proprietary Bicycles, Bicycle Racks, Locks, Kiosks, Docks, Panels, and related equipment, components, and accessories.
1.23. “Product Advertising” shall have the meaning set forth in Section 4.4.
1.24. “Program Advertising” shall have the meaning set forth in Section 4.4.
1.25. “Renewal Term” shall have the meaning set forth in Section 7, Paragraph 1.
1.26. “Service Level Agreements” shall mean the level of service related to the User Platform, described in Exhibit F hereto.
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1.27. “Services” shall mean the Management Services and Implementation Services.
1.28. “Site” shall mean area(s) within the jurisdictional boundaries of the Santa Cruz region including the City of Santa Cruz, the County of Santa Cruz, the City of Capitola, the City of Watsonville, University of California Santa Cruz, and Cabrillo College.
1.29. “Station” shall mean an established collection of docks and bicycles.
1.30. “Subscribed User” shall mean any person who has registered as a member of the Bicycle Sharing Program. Subscribed Users shall be required to enter into agreements with Vendor providing terms and conditions for the rental of Bicycles, including the waiver of liability that includes a waiver as to the City.
1.31. “Subscribed User Data” shall mean data about the Subscribed Users and their use of the User Platform and the Bicycle Sharing Program.
1.32. “Subscribed User Fees” shall mean any fees paid by Subscribed Users for the rental, lease, or other temporary provision of the Bicycles via the Bicycle Sharing Program.
1.33. “Users” shall mean all User Platform visitors and Subscribed Users.
1.34. “User Platform” shall mean Vendor’s user-facing online bicycle rental web or mobile application platform that provides Subscribed Users access to the Bicycle Sharing Program.
1.35. “Vendor” shall have the meaning set forth in the introductory paragraph of this Agreement.
2. SCOPE OF WORK - DELIVERABLES
2.1. Products Provided for Use and Management Services. Pursuant to this Agreement, Vendor shall provide and install by the Launch Date for the City of Santa Cruz and UCSC a minimum number of Electric Bicycles and Bicycle Docks in each of these Participating Jurisdictions in Phase I consistent with the table below provided that each of these Participating Jurisdictions agrees to and maintains a contract for Bike Share services with Vendor. Vendor shall provide and install within one year of the Launch date for Watsonville, City of Capitola, Cabrillo College, and the County of Santa Cruz a minimum number of Electric Bicycles and Bicycle Docks in each of those Participating Jurisdiction in Phase I consistent with the table below provided that each of those Participating Jurisdictions agrees to and maintains a contract for Bike Share services with the Vendor. The Participating Jurisdictions will work in good faith to identify dock locations to be mutually agreed upon with Vendor. The Parties may agree, in writing, to temporarily implement fewer bikes and docks. Vendor shall propose areas where additional docks and bikes can supplement in order to meet the minimum. Product minimums are subject to approval of encroachments permit or other local agreements for dock installation and Host Agency sponsorship agreements, as applicable.
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Phase I Minimum Quantities
Jurisdiction Minimum
Quantity of Electric
Bicycles
Stations Individual Docks
(2 Docks:1 Bike)
City of Santa Cruz 300 600
City of Capitola 50 100
Cabrillo College (and
vicinity)
50 100
UCSC 160 320
Watsonville 25 50
Aptos 25 50
Soquel 25 50
Other Unincorporated
(Live Oak, Pleasure
Point)
25 50
Total 660 1,320
2.2. Expansion
BCycle may expand the services up to 2,000 Bicycles within the initial term of the Agreement.
2.3. Implementation Services.
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Vendor shall provide services related to deploying the User Platform for the Site, delivering Products to the Site, performing community outreach and marketing, and assembling the Products at the Site (“Implementation Services”) to enable a successful Launch Date.
2.3.1 Project Schedule
Launch date for each Host Agency shall be no later than six months from the Effective Date or the date the required local permit(s) is issued by the Host Agency, whichever is later. Parties acknowledge launch date may be delayed for circumstances outside the control of the Vendor, but shall under no circumstances extend beyond nine months from the latest of those two dates.
Vendor shall propose a project schedule that includes all steps necessary to reach a launch date, and subsequent applicable milestones after launch in accordance with Exhibit E. These pre- launch activities include but are not limited to site planning, permitting, community outreach and engagement, education, and other applicable tasks.
2.3.2. Stations.
Prior to the Launch Date, Vendor will collaborate with Host Agency’s staff to agree upon Station locations.
These may be amended from time to time at Vendor's discretion in consultation with the Host Agency.
2.3.3 Participating Jurisdiction Emergency Access to Bicycles Vendor will provide the Participating Jurisdictions with codes or other means to move locked bikes in emergency situations. In addition, law enforcement and other public safety agency representatives will be provided with appropriate codes or key cards to be able to move bicycles in an emergency situation or when bicycles are blocking access and need to be moved immediately. Direct contact phone numbers and emails of the Vendor’s General Manager and local operations staff will also be provided to the Host Agency, and each law enforcement agency and public safety agency located within the Participating Jurisdictions.
2.4 Program Implementation
Vendor will meet with Host Agency staff and others as needed to gain an understanding of the context, current opportunities for connectivity, and potential partnerships prior to implementation.
Host Agency will provide staff that will be available throughout implementation and throughout the life of the project to fulfill Host Agency obligations under this Agreement and assist Vendor in ensuring the success of the system.
2.5 Review of Regional Bike Share System and Updates
2.5.1. Vendor Operations Review. Vendor shall develop recommendations that promote use of the Bike Share system, promote closer coordination with potential or existing partners, and reduce or eliminate any operating deficits. Any such recommendations will be circulated among the Host Agency and Participating Jurisdiction representatives.
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2.5.2. Vendor will participate in regular meetings with Host Agency and Participating Jurisdiction representatives to give updates on the design of the regional Bike Share system and necessary modifications. Vendor to coordinate, participate in, and timely provide collateral materials for public agency meetings at the request of the Host Agency and Participating Jurisdictions, including City Council, Board of Supervisor meetings, and campus leadership meetings.
3. Business and Operations Standards:
3.1 Organizational Development. Vendor shall obtain and maintain a valid business license within each Participating Jurisdiction, as applicable. Please see Exhibit I for the Vendor’s proposed organizational chart.
3.2. Location. Operations team and office/storage space are required to be geographically located within Santa Cruz County in order to be responsive to the operation needs of the system.
3.3. Registration and Payment
3.3.1. Provide and maintain in full operation a mobile application to register, submit credit card data, and execute a user agreement. After registration, members should be able to immediately access a bike. Walkup, Monthly, and Annual memberships shall be available.
3.3.2. Walk-Up Utilization. Allow one-time use of various durations by walk-up registration through mobile registration. Walk-up customers shall be able to register, submit credit card data, and execute a user agreement.
3.3.4 Access to Registration and Payment. Vendor shall work to provide access for users who are unbanked, and/or do not have a credit card and/or a smartphone.
3.3.5. Secure Financial Transactions. Complete secure financial transactions with data input by cell phone.
Financial data must be held securely in a manner that complies with all applicable federal, state, and local privacy and data protection laws, rules, regulations, and directives, and is only accessible to authorized personnel. The Vendor shall develop a robust security policy. The Vendor shall ensure that its security policy is enforced, report any breaches to the Participating Jurisdictions immediately, and develop a corrective plan to prevent future breaches. The method for protecting financial data, user names, and addresses, must be Payment Card Industry (PCI) compliant.
3.4. Records.
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In addition to Service Level Agreement reports, Vendor shall maintain additional business related, accounting and customer service-related records and make them available to the Participating Jurisdictions on appropriate notice for inspection and auditing.
3.5. Data Sharing.
The Vendor will make available to Participating Jurisdictions their website reports, maps, and data, regarding ridership, fee/membership structure, trips, and route data as defined in Exhibit B.
4. Costs and Revenues:
4.1. User Fees. Initial Vendor fees and vendor penalties, and the process to modify aforementioned rates, are included within the Fee Schedule in Exhibit D.
4.2. Capital and Operating Costs. All costs associated with the system, including but not limited to installation, maintenance, capital, operating, marketing, and staffing, shall be the sole responsibility of the Vendor.
Participating Jurisdictions shall have no financial obligation associated with the Bike Share system.
Notwithstanding the above, Participating Jurisdictions understand that Vendor may not be able to grant special requests for station and kiosk sites that would otherwise be economically infeasible without outside sponsorship funds.
4.3. Fees Paid to Jurisdictions. Participating Jurisdictions’ fees for use of public property and revenue share per bike fee are included in the Fee Schedule (Exhibit D).
4.4. Branding, Advertising, Marketing, and Public Relations. Vendor will oversee branding, marketing, membership sales and public relations. Use of name, trademarks, or logos of the Participating Jurisdictions shall be subject to the terms and conditions and any applicable requirements for a license by Host Agency. Vendor shall have the right to provide commercial advertisement on the Bikes and equipment (“Product Advertisement”).
In accordance with the following:
4.4.1 General. In order to support the operation of the bike share program, Vendor may solicit sponsors willing to provide financial sponsorship in exchange for signage on the bicycle-sharing stations and/or the bicycles (“Sponsor Signs”). The content of the Sponsor Signs, bicycle signs, and zoning lot signs are subject to the sponsorship and advertising guidelines in this Section 4 ("Guidelines”). No messages other than those of selected under these Guidelines are permitted on bicycle-sharing stations and/or the bicycles, and Vendor may remove, in its sole discretion, any messages posted in or on program facilities, equipment and bicycles that are not preapproved by Vendor in accordance with these Guidelines. In order to realize the maximum benefit from the sale of sponsorship space, the sponsorship program must be managed in a manner that will procure as much revenue as practicable, while ensuring that the advertising is of a type that: (1) does not discourage the use of the Bike Share system; (2) does not diminish the Host Agency’s reputation in the communities it serves or the good will of its constituents; and (3) is consistent with the principal purposes of providing safe and efficient bike share operations.
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4.4.2 Compliance/Removal of Nonconforming Sponsor or Program Signs. Vendor is solely responsible for the selection of any sponsors and for ensuring that all Sponsor Signs and signs on bicycles (collectively "Program Signs") comply with these Guidelines. Vendor shall forward to the Host Agency for permit and approval any proposed Program Signs or Sponsor Signs. Vendor will promptly remove any Program Sign or Sponsor Sign that is in violation of these Guidelines upon notice by a Participating Jurisdiction.
4.4.3 Sign Criteria. All Sponsor and Program Signs shall comply with the following guidelines and restrictions:
Sponsors. Sponsors may not include the following:
● Any manufacturer, retailer, or distributor of any alcoholic beverage, including but not limited to beer, liquor, or wine stores, distributors, or manufacturers. ● Taverns, which include any place in which fermented malt beverages are sold for consumption upon said premises, except for those whose sale of alcohol beverages accounts for 50% or less of the establishment's gross receipts.
● Adult-only orientated businesses or services.
● Tobacco companies or merchants whose sale of tobacco or tobacco related products make up a significant part of its business.
● Marijuana/cannabis companies or merchants whose sale of marijuana or marijuana related products make up a significant part of its business.
● Wagering related businesses, such as casinos or on-line gambling sites. ● Firearm manufacturers or merchants whose sale of firearms or firearm related products make up 50% or more of its gross income.
● Any entity whose logo and/or business name includes any reference to the above activities for which sponsorship is not available, or any of the prohibited copy listed below. ● Any entity who would be otherwise prohibited from sponsorship in accordance with a Participating Jurisdiction’s policy or code.
Prohibited Copy. Sign copy may not include the following:
● Copy that is illegal, obscene, libelous or fraudulent, or that refers to any of the above activities for which sponsorship is not available.
● Content promoting firearms.
● Political lobbying or messages of any kind. Political lobbying or messages may include, but are not limited to:
i. Any advertising that supports or opposes the election of any candidate or group of candidates for election to any federal, State, or local government office. ii. Any advertising that supports or opposes any referendum conducted by the federal or State government, or by any local government, such as referenda on constitutional amendments, on bond issues, or on local legislation.
iii. Any advertising that features any person whose prominence is based wholly or in part upon his or her past or present activity in political affairs, or that represents or implies any such person’s approval or endorsement of the subject matter of advertising.
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● Any copy or content that would be otherwise prohibited in accordance with a Participating Jurisdiction’s policy.
● Religious messaging of any kind. Religious messaging includes, but is not limited to, any advertisements that contain any direct or indirect reference to religion, or to any religion, or to any deity or deities, or which includes the existence, nonexistence or other characteristic of any deity or deities, or to any religious creed, denomination, belief, tenet, cause or issue relating to (including opposing or questioning) any religion. This prohibition shall include the depiction of text, symbols, or images commonly associated with any religion or with any deity or deities, or any religious creed, denomination, belief, tenet, cause of issue relating to (including opposing or questioning any religion).
● Any message that, in the opinion of the Host Agency, is disruptive, detrimental or adverse to the Bikeshare program specifically or the Host Agency’s interests in general, in the Host Agency’s discretion.
4.4.4 Guideline Amendments. During the term of the Agreement, Host Agency may find it necessary to amend these Guidelines. If Host Agency finds that an amendment to these Guidelines is necessary, Host Agency may unilaterally amend these guidelines upon written notice to Vendor, however the Host Agency shall discuss said amendments with Vendor prior to providing this notice. Said amendments shall be effective thirty (30) days after said notice is provided to Vendor.
4.5. Other Revenues. Vendor shall have all title, right, and interest to any other sources of revenue that arise in relation to this Agreement and the provision of Products and Services hereunder, including but not limited to corporate membership fees and any other revenues generated for or from the Regional Bicycle Sharing Program, that are not specified in Section 4.1 through 4.4 above.
5. System Maintenance and Operations Standards:
Vendor to comply with the standards outlined in the Service Level Agreements Table provided in Exhibit F. Any modifications of the SLAs in Exhibit F require approval from the Host Agency and Participating Jurisdictions representatives.
5.1. Maintenance and Repair. Maintenance and repair responsibilities apply to all hardware and software components of the Bike Share system . The Vendor will be responsible for developing and implementing a regular inspection, maintenance and repair schedule that keeps the System in continuous compliance with the agreed upon Service Level Agreements Table outlined in Exhibit F. System maintenance shall include preventive maintenance, inspection and prompt repair or replacement of all System. It will also include inspecting, cleaning and removing graffiti from Stations on a timely basis, as well as removal of debris in and around the Stations.
5.2. Reporting Key Performance Indicators. Vendor shall submit quarterly reports to the Host Agency and Participating Jurisdictions representatives that track Service Level Agreements Table outlined in Exhibits B and F. This will include such elements as number of trips/month, average utilization per bike per day, estimated
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average trip distance, estimated monthly system mileage, number of members and unique active users, estimated carbon savings, accident data, and other similar tracking metrics. Data on which estimates are based shall be made available to Participating Jurisdictions upon request. Participating Jurisdictions will also have access to a Data Dashboard of anonymized system data.
Vendor will provide other periodic reports for external and internal audiences. These reports shall include at a minimum quarterly management reports for the Participating Jurisdictions that monitor the Service Level Agreements. An annual report available to Host Agencies stakeholders is also required. See the Service Level Agreements Table provided in Exhibit F. Vendor understands that Host Agencies may share annual report with the public and interested stakeholders.
5.3. User Surveys. Vendor shall collect customer email addresses and/or phone number as part of the registration process, and unless prohibited by law or unless the customer has opted out of such communications, shall send at minimum one electronic survey, with approval from the Host Agency and other Participating Jurisdictions (as applicable), per year to Bike Share users, that covers the user’s motivation for using bike share, the user’s experience using the system, the user’s interest in new locations, and new system offerings, demographics, and more.
5.4. Open Data. The Vendor shall provide General Bikeshare Feed Specification data that will allow third party developers to provide applications to assist users in finding bicycles, and stations, and comparing travel and usage information consistent with reports from other US systems. This data shall be anonymized.
5.5. Customer Service. The Vendor shall provide responsive and customer-friendly services that encourage repeat use including timely acknowledgement of complaints within 24 hours. The Vendor will be responsible for creating and managing excellent customer service standards and procedures. All system structures shall contain a conspicuously posted telephone number and web address/email address to the Vendor’s customer service operations to which the public may direct complaints and comments, and instructions for filing a complaint. This information shall also be provided in braille on all bicycles. This information shall also be provided in braille on all bicycles. The Vendor shall provide a timely response to any such complaints within the timeframes outlined in the Service Level Agreements Table in Exhibit F. The Vendor shall provide a shared database in which Jurisdictions can communicate complaints from the public and from each jurisdiction, and in which the Vendor can report the resolution of such complaints.
5.6. System Balancing. Monitor the location of each bicycle and, if applicable, the status of each station and dock.
Continuously and predictably redistribute bicycles so bicycles are consistently available throughout the regional service area. System Rebalancing shall comply with Service Level Agreements Table in Exhibit F that relate to consistent availability of bikes throughout the service area.
5.7. Bike Parking. Vendor agrees to provide a fully docked system with electric bikes that come with a cable lock for intra-trip layover stops only. BCycle reserves the right to remove cable locks if theft due to cable locks exceeds five bikes in a 90 day period. Vendor will message to all Participating Jurisdictions the requirements for layover bike
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parking. Illegally parked bikes shall be the responsibility of the Vendor. Complaints received for illegally parked bikes shall be responded to within the timelines outlined within Service Level Agreements Table in Exhibit F.
5.8. Real-time Communication. Vendor shall provide a system to track docked bicycles and, if applicable, station and dock status. Vendor shall populate an interactive map with location and status of bicycles throughout the county service delivery area along with optional address and directions. The Vendor shall use the General Bike Share Feed Specification (GBFS), a standardized data feed for Bike Share system availability. Vendor shall provide iOS and Android Apps with real-time map updates to allow users to locate stations and status of bicycles.
5.9. Accessible Website and Mobile App Design. Vendor shall design, maintain, and host a Bike Share mobile app that promotes the program and allows users to register, submit credit card data, in a secure manner. and execute a user agreement. Vendor shall provide and display web pages correctly on all major web browsers and mobile devices/formats. Vendor shall maintain a bike share website that complies with California and federal disabilities laws and regulations; conforms to the accessibility requirements of WCAG 2.0AA; and agrees to promptly respond to and resolve any complaint regarding accessibility of its website and mobile applications (i.e., BCycle’s app).
5.10. Theft and Vandalism. Vendor shall manage issues dealing with theft and vandalism and applicable user fees.
Host Agencies agree to work in good faith with Vendor to involve local law enforcement when appropriate to assist in protection and recovery of Vendor property.
6. Safety and Education: The Vendor shall commit to ensuring the safety of its products, its riders, and the Participating Jurisdictions. This approach includes product safety, operational safety, and user safety.
6.1 Product safety: All BCycle bike product lines shall meet or exceed all CPSC, ISO and EN bicycle standards.
The proposed equipment will comply with these existing standards upon contract execution. The Vendor shall provide safety test reports of the goods and equipment performed by an ISO/IEC 17025 independent third-party accredited laboratory conducting consumer product safety and compliance testing.
The bikes shall feature always-on front and rear lights to ensure the rider can both see and be seen whenever they ride. All bikes shall be inspected and maintained by professional technicians on a regular maintenance schedule, and all maintenance is logged to ensure ongoing product safety.
6.2 User safety: Vendor user safety efforts shall be focused on user education. User safety education is communicated through physical decals on the equipment, written and visual safety instructions in the mobile app and in-person safety instruction at community events or through local partner organizations. Additionally, Vendor shall require all users to accept a user agreement that outlines safe riding practices to access the Vendor system.
The Vendor’s user agreement shall explicitly require users of Vendor’s service shall be 18 years of age or older.
Further, Vendor shall prominently display on program bicycles, in its mobile application, and on dock stations that only one person is allowed to ride a bicycle at a given time.
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6.3. Helmets. Vendor to reinforce helmet use. Vendor to advocate for and endorse the use of helmets when riding through stations and on-bike messaging on the safety and proper use of a bicycle helmet. Vendor is encouraged to offer incentives for Users to wear helmets, offer free helmets, and/or to offer discounted helmets.
6.4. Education. In consultation with Host Agency, Vendor shall independently or in cooperation with a local organization or bike shop to provide unique education and outreach opportunities meeting the needs of local ridership. Vendor will provide general bike safety and rider etiquette information to users through its various social, mainstream media and direct communication channels, including but not limited to information available at program docks. Vendor shall provide a minimum of six (6) free educational events per year on different dates, and at least one in each of the Participating Jurisdictions.
6.5. Speed Governance.
BCycle electric bike is a 3-speed, Class 1 pedal-assist bike powered by a Bosch Active-line mid-drive motor. The Bosch on-board computer is programmed to operate as a pedal-assist e-bike, with the assist limited to a maximum of at 17 MPH.
6.6. Demographics.
Current State of California regulations require that one must be 18 years of age to rent a bicycle. Vendor must communicate this requirement primarily through its user agreement, which each rider must complete. Vendor may also explore communicating the requirement through other channels if needed, including on bikes or docks, on the program website, and through the mobile app and on signage at each station.
7. Access to Subscribed User Data by the Host Agency: Vendor grants to Host Agency, on the terms and conditions set forth herein and in Exhibit B, a perpetual, non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Subscribed User Data for any transit or urban planning purpose. The Subscribed User Data is considered part of the User Platform, and all terms and conditions and privacy policies applicable to the User Platform apply to the Subscribed User Data. Host Agency represents and warrants that it shall not use, or permit others to use, the Subscribed User Data or access to the Subscribed User Data in ways that violate any applicable local, state, and federal laws, and any applicable foreign jurisdictions.
Exhibit B: Data Reports From Vendor
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EXHIBIT B CONTINUED: DATA REPORTING LIST
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1. Quantities of trips that start and end in each Participating Jurisdiction, including the date/timestamp.
2. Data on aggregate revenue for trips beginning and ending in a given jurisdiction and/or special pricing program.
3. Data showing:
● Bicycle availability (monthly)
● Trip count (monthly)- including summary data of trip start/end by jurisdiction ● Trips per bike per day
● Estimated average trip distance (mi.)
● Estimated total mileage
● Bicycle maintenance and inspection
● Website/Mobile App in service
● Number of subscriptions on special pricing programs (i.e., events, low income, subsidized rates) ● Monthly and annual subscriptions
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EXHIBIT C: VENDOR BICYCLES AND INFRASTRUCTURE
BCYCLE ELECTRIC BIKE COMPONENTS AND SPECIFICATIONS
FRAMESET
Size One size fits most
Color White
Material Oversized alpha aluminum
Fork Proprietary aluminum unicrown fork
COMPONENTS
Handlebar and Stem Proprietary aluminum bar and basket combo with Bontrager stem Seatpost Proprietary theft resistant post with easy to use four-finger clamp Saddle Seamless Bontrager all-weather saddle with integrated reflector and handle
Pedals Anti-slip platform
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Lights Proprietary 3 watt 10 lux LED front and rear lights StVZO Compliant with 5-minute run time after stopping
Bell Tamper resistant twist grip
Grips Proprietary weather and UV resistant silicon
Fenders Full coverage polycarbonate
Kickstand Chainstay mounted, 3 bolt kickstand
ELECTRIC ASSIST
Motor Bosch Activeline Motor
Display Bosch Purion Control/Display
Power Swappable 400 Wh Battery
DRIVETRAIN
Shifters Shimano Nexus 3-speed twist shifter
Rear Derailleur Shimano Nexus 3-speed internal gear hub Brakes Shimano Nexus BR-C6000
Brake Levers Tektro Alloy 2-finger
Cassette 19 Tooth stock
Chain 1/2"x1/8", heavy duty
Crankset 38 tooth crank, 170mm crank arm
WHEELS
Rims 26”
Front Hub Shimano Nexus front Dynamo hub
Rear Hub Shimano Nexus 3-speed internal gear hub
Spokes Stainless steel
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Tires Puncture resistant with reflective sidewalls
ADVERTISING/SPONORSHIP
Panels Ad space on five individual panels:
Front basket in 3 segments: right, left, and front (visible from inside basket)
Rear skirt guards in 2 segments: right and left
MISC Meets or exceeds CPSC, ISO, EN standards for safety Front basket rated to 20 lbs of cargo
Rear rack that accepts after-market panniers
Proprietary and theft resistant fasteners
SHROUD Optional
Secondary Cable Lock Cable lock
Note: Specifications and components subject to change.
STATION PRODUCT DESCRIPTION(S)
(Note: Station specifications subject to change.)
BCycle 3.0 Dock
13.75” x 12” x 30.25”
Black
Dimensions
Color
Integrated Base and Leg Material
Aluminum
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Stainless Steel Security Fasteners
Acrylonitrile styrene acrylate (ASA)
Tubular key cam lock
Piezo switch with LED
Exposed Fasteners
Top Cap Material
Manual latch release
HMI
Striker & Tire Guides / Wheel Chock
Glass filled nylon 6
INTERNAL COMPONENTS
Outdoor-rated Stainless Steel
Lithium Ion – Rechargeable
LF
LF/HF
Custom modular board design
LTE antenna
Latches
Battery
RFID Reader
(Bike)
RFID Reader
(User)
PCB Main Board
Antenna
Communication protocol
Cellular CAT M1/NB
AFTERMARKET ADD-ONS
Aluminum / Dual sided / Vinyl graphic application /
11” x 72”
Aluminum plates / steel ballast / 4 bike single-sided.
6 bike dual-sided
Modular electronics, plugs directly into PCB board
Static Wayfinding
Non-Bolted Baseplate
BBT Module
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EXHIBIT D: FEE SCHEDULE
User Fees
1. Initial rates will be set as listed:
a. Walk Up Pass: $7 per each 30 minutes; daily maximum is $75 b. Monthly: $30 for unlimited 30-minute trips, extra 30 minutes $3 each c. Annual: $150 for unlimited 30-minute trips, extra 30 minutes $3 each d. Low Income: None currently proposed but the vendor is encouraged to support discounted accesses through bulk-member programs.
e. Students: None proposed but the vendor is encouraged to support discounted access through bulk-member programs.
Walk-Up Fees, Monthly Fees, and Annual Fees to be charged by Vendor will be the same for all Participating Jurisdictions. Vendor may negotiate with Host Agency unique alternative or discounted rates for discrete groups of people (included, but not limited to, students and persons of low-income) or Special Event pricing for limited duration events.
2. User Fees shall not be modified for the first two years of the Agreement unless as described below in Paragraphs 4 and 5.
3. After Year Two, allowed increase for all rates of up to 10% per contract year in years 3-5 only, or CPI + 3%, whichever is less. If BCycle chooses not to increase rates in any contract years 3-5, such rate increase may not be applied to any future contract years, nor may it be applied retroactively to the first two years of the Agreement. CPI will be determined by the Bureau of Labor Statistics CPI Summary Report for the San Francisco-Oakland-Hayward, CA that is released in January of the following year.
4. Over the term of the Agreement, if annual bike fleet theft/vandalism (vandalism defined as rendering bikes inoperable) rate exceeds 10% of overall fleet (county wide), rates may increase beyond maximum identified in (1) by the amount needed to offset costs of fleet replacement beyond 10%. BCycle must submit evidence of theft/vandalism to the Participating Jurisdictions for administrative approval of price change based on data provided.
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5. Over the term of the Agreement, Vendor may request and negotiate for a further rate adjustment due to:
a. Unexpected market conditions or forces such as local sales tax increases, unexpected market conditions, or increased tariffs for products.
b. Proposed introduction of new products or features.
In support of a proposed rate adjustment, BCycle must submit evidence of costs associated with items listed in a and b above, which evidence may include data regarding actual program revenue compared with revenue projections, and assumed profits prior to program rollout, provided that all such evidence shall be treated as confidential and will not be made publicly available, except as may be required by applicable law. Negotiations shall consider data provided for associated costs and profit/loss statements for overall Regional Bikeshare Program.
6. Revenue Share for Contract Years 3-5:
a. Vendor agrees to pay each Host Agency jurisdiction $25 per dock for each dock assigned to the respective jurisdiction, if Vendor achieves a net profit margin of 10% or greater in the prior year.
Vendor shall pay UCSC the $25 per dock for each dock assigned to UCSC, regardless of whether Vendor’s net profit margin is 10% or greater, given UCSC’s waiver of a site license fee. .
Bicycle Licensing Fees:
Individual Bicycle Licensing fees to track bicycle theft will not be charged by the Host Agency.
User Penalty Fee schedule:
$2,750 or documented cost for replacement of bike
Fees For Use of Public Property
Temporary Encroachment Permit fee is $413 as of 1/1/2022. Fee is subject to change upon Council action.
1. Host Agency agrees to no additional fees or fee increases in first 2 years beyond the initial encroachment, planning, and/or University site license fee.
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EXHIBIT E: WORK SCHEDULE
Week from Contract
Execution
Tasks Phase
Week 1 Begin work on selecting station sites Implementation - Siting Week 2 Post job for General Manager Operations - Hiring Week 3 Project Kickoff Implementation
Week 3 Begin search for pre-launch office Operations - Office/Warehouse Week 3 Get updated quote for system insurance Operations - Admin Week 4 Provide list of preliminary station locations Implementation - Siting Week 4 Send site information on 5 locations to city Implementation - Siting Week 4 Update financials – budget Operations - Admin
Week 4 Complete hiring schedule Operations - Hiring
Week 5 Provide hit list for staging warehouse Operations - Office/Warehouse Week 5 Closing date for GM Applications Operations - Hiring Week 6 Schedule final interviews Operations - Hiring
Week 6 Secure permanent office/shop/warehouse facility Operations - Office/Warehouse Week 7 Finalize system branding/logos Implementation - Admin Week 7 Post job for Operations Manager Operations - Hiring Week 7 Complete search for pre-launch office Operations - Office/Warehouse Week 8 Start date for GM Operations - Hiring
Week 8 Start pre-launch office lease Operations - Office/Warehouse Week 9 Secure required insurance certificates Operations - Admin Week 9 Complete promotion/marketing plan Operations - Marketing/Community Engagement
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Week 10 Complete in-city site visits Implementation - Siting Week 10 Finalize design of RFIDs/FOBs Implementation - Admin Week 10 Hire Operations Manager Operations - Hiring
Week 10 Finalize customer service plan (phone number, hours, etc.)
Operations - Customer Service
Week 11 Submit station permits to City Implementation - Siting Week 12 Finalize membership types and pricing Operations – Admin Week 13 Purchase/Lease service vehicles Operations - Technical Week 13 Start office/shop/warehouse facility lease Operations - Office/Warehouse Week 13 Secure staging warehouse facility and dumpsters Operations - Office/Warehouse Week 14 Secure approval on all station permits Implementation - Siting Week 14 Deliver Admin website Implementation - Admin
Week 14 Deliver Admin website training Implementation - Training Week 14 Complete Stripe integration Implementation - Admin Week 15 Finalize all station artwork Implementation - Product Week 15 Finalize all bike artwork and print Operations - Admin Week 16 Complete office/shop/warehouse facility build-out Operations - Office/Warehouse Week 16 Finalize website content Implementation - Admin Week 16 Finalize user agreement Implementation - Admin
Week 16 Finalize notifications on the Admin site Implementation - Admin Week 16 Finalize membership types and pricing in Admin Site Implementation - Admin Week 16 Start set-up in staging warehouse Operations - Office/Warehouse Week 16 Ship bikes to warehouse Implementation - Product Week 17 Finalize station configurations Implementation - Siting
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Week 17 Mobile App Live Implementation - Admin
Week 17 Bikes arrive in warehouse Implementation - Product Week 17 Bike build training #1 - out of box Implementation - Training Week 18 Complete office/shop build-out and branding of
service vehicles
Operations - Office/Warehouse
Week 18 Activate station cellular modem Implementation - Admin Week 18 Admin site training - customer service Implementation - Training Week 18 Admin site training – technicians Implementation - Training Week 19 Ship stations to warehouse Implementation - Product Week 19 Begin membership drives Operations - Marketing/Community Engagement
Week 19 Complete station site prep Implementation - Siting Week 20 Stations arrive in warehouse Implementation - Product Week 20 Station/Bike technician training (operations &
maintenance) - 3 days
Implementation - Training
Week 21 Finalize kiosk screen text Implementation - Admin Week 22 Begin station installations Implementation - Product Week 23 Complete station installations Implementation - Product Week 24 Tentative launch event
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EXHIBIT F: SERVICE LEVEL AGREEMENTS
SERVICE LEVEL AGREEMENT
PERFORMANCE
INDICATOR
DESCRIPTION MEASUREMENT TOOL SERVICE LEVEL
REQUIREMENT
SYSTEM
AVAILABILITY:
BIKES
PERCENTAGE OF BIKES
IN SERVICE AND
AVAILABLE
BCYCLE’S WEB-BASED
ADMIN DATABASE
80% OF BIKES IN SERVICE
ON AVERAGE PER MONTH
SYSTEM
AVAILABILITY:
STATION
PERCENTAGE OF
STATIONS IN SERVICE
AND AVAILABLE
BCYCLE’S WEB-BASED
ADMIN DATABASE
95% OF STATIONS IN
SERVICE ON AVERAGE PER
MONTH
UNSCHEDULED
REPAIRS: BIKES
TIME TO ADDRESS
BICYCLE TECHNICAL
ISSUE UPON
NOTIFICATION
CUSTOMER SERVICE
LOG AND BCYCLE’S
WEB-BASED ADMIN
DATABASE
ALL BIKES WITH
REPORTED TECHNICAL
ISSUES REPAIRED OR
REMOVED FROM SERVICE
WITHIN 24 HOURS OF
REPORT.
UNSCHEDULED
REPAIRS: DOCKS
TIME TO RESPOND TO
DEFICIENT, DAMAGED,
OR UNCLEAN STATION
COMPONENTS UPON
NOTIFICATION
CUSTOMER SERVICE
LOG AND BCYCLE’S
WEB-BASED ADMIN
DATABASE
90% OF STATIONS WITH
REPORTED ISSUES
RESOLVED WITHIN 12
HOURS OF REPORT. ALL
STATIONS WITH REPORTED
TECHNICAL ISSUES THAT
CANNOT BE FIXED ON SITE,
DISABLED FROM
SERVICE WITHIN 24 HOURS
OF REPORT.
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BICYCLE
REDISTRIBUTION
DISTRIBUTE BIKES TO
ENSURE SUFFICIENT
BICYCLES ARE
AVAILABLE
THROUGHOUT THE
REGION.
BCYCLE’S WEB BASED
ADMIN DATABASE
ON A DAILY BASIS, 70% OF
NUMBER OF BIKES
DESIGNATED FOR A
PARTICIPATING
JURISDICTION ARE
LOCATED WITHIN THE
JURISDICTION BOUNDARY.
MOBILE
APP IN SERVICE
PERCENT OF TIME THE
MOBILE APP IS
IN SERVICE AND
AVAILABLE.
TIME WITHIN A MONTH 99% OF THE TOTAL TIME
PER MONTH; EXCLUSIVE OF
THE EXCLUDED
DOWNTIME.
CUSTOMER
SERVICE
AVAILABILITY
VENDOR WILL
MAINTAIN A FREE
CUSTOMER CONTACT
CENTER AND PROVIDE
LIVE RESPONSE DAILY
DURING BUSINESS
HOURS; WITH 24-7
AFTER- HOURS
MESSAGING SERVICES.
TIME 100% [EXCLUDING LIVE
RESPONSE ON
THANKSGIVING, FRIDAY
AFTER THANKSGIVING,
CHRISTMAS EVE,
CHRISTMAS DAY, NEW
YEAR’S DAY]
CUSTOMER
SERVICE RESPONSE
RESPONSE TIME
BETWEEN CUSTOMER
INQUIRY OR
COMPLAINT AND
RESOLUTION PLAN.
TIME 24 HOURS
LOCAL STAFF
AVAILABILITY
MINIMUM HOURS OF
LOCAL STAFF
OPERATION
AVAILABILITY
SCHEDULE MONDAY – FRIDAY
7AM – 6PM
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SATURDAY-SUNDAY (AND
FEDERAL HOLIDAYS)
9AM – 5PM
*HOURS MAY BE
ADJUSTED BASED ON
SEASONAL NEEDS AND
RIDERSHIP PATTERNS
1. REDISTRIBUTION. VENDOR WILL WORK WITH EACH PARTICIPATING JURISDICTION TO IDENTIFY ZONES AND HIGH PRIORITY AREAS. DISTRIBUTION WILL BE TIMED TO INCREASE THE PROBABILITY THAT EACH ZONE AND HIGH PRIORITY AREAS ARE MANAGED TO HAVE SUFFICIENT BICYCLES AND DOCKS AVAILABLE. VENDOR WILL
CONTINUOUSLY MONITOR RIDERSHIP THROUGHOUT THE REGIONAL SYSTEM AND TAKE ACTIONS NECESSARY TO BALANCE THE FLEET TO MEET DEMAND AND ENSURE SERVICE TO UNDERSERVED AREAS WITHIN THE REGION.
VENDOR SHALL PROVIDE INFORMATION TO THE PARTICIPATING JURISDICTIONS, AS REQUESTED, REGARDING THE EFFICACY OF VENDOR’S REDISTRIBUTION PRACTICES. VENDOR AGREES TO EXAMINE AND RESPOND TO THE JURISDICTION’S CONCERNS OR COMPLAINTS REGARDING FLEET DISTRIBUTION AND TAKE CORRECTIVE ACTION WHENEVER NECESSARY.
2 THE FOLLOWING CONSTITUTES “EXCLUDED DOWNTIME IS SCHEDULED MAINTENANCE AND DOWNTIME,
AS WELL AS UNPLANNED EMERGENCY MAINTENANCE DOWNTIME RESULTING FROM FORCE MAJEURE EVENTS, INCLUDING ANY BCYCLE WIRELESS CARRIER CONNECTIVITY FAILURES. SCHEDULED MAINTENANCE
WINDOWS ARE SCHEDULED PERIODS WHERE THE APPLICABLE SERVICES MAY NOT BE AVAILABLE IN ORDER FOR
VENDOR TO CONTINUE TO BRING THE BEST POSSIBLE SERVICE, FEATURES, AND PERFORMANCE TO SUBSCRIBED USERS. SCHEDULED MAINTENANCE IS WHEN UPGRADES OR UPDATES NEED TO BE APPLIED (I.E. STANDARD SOFTWARE RELEASES, NON-CRITICAL SOFTWARE UPDATES). SCHEDULED MAINTENANCE SHALL BE DONE DURING THE HOURS OF 9PM AND 5AM
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TASK NAME MAINTENANCE
ACTION
STAFF
SCHEDULED
SERVICE
INTERVAL
BY WHOM
PREVENTATIVE
MAINTENANCE
INSPECTIONS
MINOR ON-SITE
ADJUSTMENTS &
REPAIRS,
MAINTENANCE
STANDARDS
CHECKLIST,
CLEANING (BIKES
AND DOCKS), DOCK
CHECK, BATTERY
CHANGES &
MAINTENANCE
DAILY EACH BIKE WILL
BE SERVICED AT
LEAST EVERY 30
DAYS
SERVICE TECHNICIANS
REACTIVE
MAINTENANCE
REPAIR BROKEN,
DEFECTIVE, OR WORN
PARTS AS REPORTED
BY USERS.
AS NEEDED AS NEEDED .
UPON
NOTIFICATION,
BIKE SHALL BE
REMOVED FROM
AVAILABLE
SERVICE WITHIN
24 HOURS
SERVICE TECHNICIAN
TUNE UPS SCHEDULED AND
PREVENTATIVE
BICYCLE
MAINTENANCE,
REPLACE PARTS AS
SCHEDULED .
ANNUAL
1X/BIKE/YEAR SERVICE TECHNICIANS
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STATION
MONITORING
REALLOCATION,
CUSTOMER SERVICE,
DOCK CHECKS –
ENSURE BIKES ARE
ONLINE AND
COMMUNICATING
DOCK ISSUES
DAILY DAILY SERVICE
TECHNICIANS/CUSTOME
R SERVICE
KIOSK
MANAGEMENT
SOFTWARE
UPGRADES 7 DOCK
MAINTENANCE
AS NEEDED AS NEEDED STATION AND FLEET
MANAGER
UPGRADES,
RETROFITS,
AUXILIARY
TASKS
ADDING UPGRADES,
CHANGING PARTS,
CHANGING SPONSOR
DECALS
AS NEEDED AS NEEDED SERVICE TECHNICIANS
REPLACEMENT
OF BICYCLES
BUILD NEW
BICYCLES AND
REPLACE
AS NEEDED AS NEEDED. SERVICE TECHNICIAN
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EXHIBIT G: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The Host Agency will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
● Certificate(s) will show current policy number(s) and effective dates, ● Coverage and policy limits will meet, or exceed, requirements below, ● The Certificate Holder will be the Host Agency: City of Santa Cruz, 809 Center St, Santa Cruz, CA 95060, ● Certificate will be signed by an authorized representative, ● An endorsement will be provided to show the Host Agency, its officers, officials, and employees as additional insureds.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The Host Agency will be entitled to coverage for the highest limits maintained by Vendor. Coverage will be at least as broad as:
● COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 Million per occurrence and $2 Million in the aggregate, including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. ● PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.
Vendor will maintain insurance appropriate to Vendor’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. ● AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
● WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the Host Agency for all work performed by the Vendor and its employees. ● For Data Security and Privacy Liability
1. Vendor shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $105,000,000
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aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Vendor in this contract.
2. The policies shall include coverage for claims involving infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
3. The policies shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
4. The policies shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Host Agency in the care, custody, or control of the Vendor.
C. OTHER INSURANCE PROVISIONS
If Vendor maintains broader insurance coverage and/or higher limits than the minimums shown above in section B, the Host Agency requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Host Agency.
The insurance policies are to comply with the following provisions:
● ADDITIONAL INSURED STATUS
The Host Agency, its officers, officials, and employees are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). ● PRIMARY COVERAGE
For any claims related to this Agreement, Vendor’s insurance coverage will be primary and noncontributory as respects the Host Agency, its officers, officials, and employees. Any insurance or selfinsurance maintained by the Host Agency will be excess of Vendor’s insurance and will not contribute with it.
● NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the Host Agency.
● WAIVER OF SUBROGATION
Vendor hereby grants to the Host Agency a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the Host Agency by virtue of the payment of any loss, including attorney’s fees under such insurance. Vendor agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the Host Agency has received a waiver of subrogation endorsement from the insurer. ● EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
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The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
● SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the Host Agency. Host Agency may require Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Host Agency. ● ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the Host Agency.
● CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. ● VERIFICATION OF COVERAGE
Vendor will furnish the Host Agency with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL Policy listing all policy endorsements to be approved by the Host Agency before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them.
The Host Agency reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Vendor shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated herein, and
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Vendor shall ensure that Host Agency is an additional insured on insurance required from its contractors and subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
Host Agency reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Vendor.
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EXHIBIT H: CONDITIONS OF USE OF PUBLIC PROPERTY AND PUBLIC RIGHT-OF-WAY TEMPORARY ENCROACHMENT PERMIT Permit No. _______________________ Permittee Name: ___BCycle, LLC________________ Title: ______________________________ Project Address: ________various_____________ Phone: ______________________________ Assessor’s Parcel Number: ___see last sheet_________/or N/A Email: ______________________________ 24-Hour Emergency Contract Name/Phone: _______________________________________________________ Start Date: _____/_____/20____ Completion Date: _____/_____/20____ Start Time: ____:_____AM/PM (circle one) Completion Time: ____:_____AM/PM (circle one) Purpose for Temporary Encroachment Permit:
☐ Minor Construction / Traffic Control in Public Right-of-Way – by Property Owner (Residence/Business) ☐ Moving Van / Storage Pod ☒ Bike Share Program
☐ Other: _______________________________________________________________________________ Describe Proposed Activity Within City Right-of-Way (attach Traffic Control Plan, if required below):
Installation and operation of bicycle sharing system.
Area of Proposed Activity:
☒ Boardwalk/Beach Area ☒ Business District (Soquel Ave., Water St., Ocean St., Seabright Ave.) ☒ Downtown Area (notify the Economic Development Department at 420-______ at least 48 hours prior to commencing any work under this permit).
☒ West Cliff ☐ Other: __citywide locations, see final sheet_________ Temporary No Parking/Tow-Away Permit: Required if impacting parking spaces on streets, parking lots ☒ Yes ☐ No - If yes, you must post “Temporary No Parking” signs for affected parking 72 hours in advance.
Submittal Checklist:
☐ Encroachment Permit Fee
☐ Proof of Insurance: ☐ General Commercial Liability; ☐ Automobile Liability; ☐ Worker’s Comp/Employer Liability ☐ Business License
☐ Detailed Drawing of Work Area
☐ Traffic Control Plan (Required if following apply)
- Does your project require detours or closure of streets, bicycle lanes or sidewalk? ☐ Yes ☒ No (If yes, a pedestrian, bike, and vehicle detour plan is required and is subject to review and approval) *City reserves the right to require a site-specific Traffic Control Plan when deemed necessary for public safety.
Permittee Acknowledgment
1. Permittee hereby acknowledges that Permittee has read and understands the Temporary Encroachment Permit General Conditions (provided on pages 3-5 herein) and agrees to be bound by them. _____ (Initial Here)
2. Permittee further agrees that the Activity will be done in accordance with the Special Permit Conditions for Approval (as noted below), any other applicable permits and rules, Santa Cruz Municipal Code, the State Vehicle Code, the State Streets & Highways Code and other applicable laws and is subject to inspection.
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3. Permittee acknowledges that the undersigned is authorized to sign and accept all of the terms of this Permit and that the terms of this Permit are legally binding on Permittee, Permittee’s heirs, representatives, agents, and successors.
4. This Permit may be signed in counterparts, which all together shall constitute one and the same original instrument.
A scanned, electronic, or other copy of a party’s signature shall be legally valid as an original. _______________________________/_______________________/_______________________________/______________ _
(Print Name of Applicant - Permittee) (Signature) (Business Name) (Date)
TEMPORARY ENCROACHMENT PERMIT
[For City Use Only]
Special Permit Conditions for Approval:
Notification to and Reviewed by City Departments, if applicable (SCMC § 15.34.010):
Department Reviewed and Approved by (Dept. Staff Name) Date ☐ City Manager ____________________________ _____/_____/20____ ☐ Economic Development ____________________________ _____/_____/20____ ☐ Fire Department ____________________________ _____/_____/20____ ☐ Parking Services ____________________________ _____/_____/20____ ☐ Parks and Recreation ____________________________ _____/_____/20____ ☐ Planning ____________________________ _____/_____/20____ ☐ Police Department ____________________________ _____/_____/20____ ☐ Water ____________________________ _____/_____/20____ ☐ Other: ___________________ ____________________________ _____/_____/20____ Check All That Apply:
☐ All affected City Departments noted above have been notified regarding this Temporary Encroachment Permit. ☐ Other permits (e.g. Temporary No Parking/Tow-Away Permit) apply to the proposed activity within the City Right-ofWay ☐ The proposed activity does not occur during prohibited hours/dates, unless approved by the Director of Public Works. ☐ Traffic Control Plans associated with this Temporary Encroachment Permit have been reviewed and approved by:
____________________________ on _____/_____/20____.
☐ A Detailed Drawing of the Work Area associated with this Temporary Encroachment Permit has been reviewed and approved by:
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____________________________ on _____/_____/20____.
☐ Permittee has attached approved Traffic Control Plans to this Temporary Encroachment Permit.
ALL WORK PURSUANT TO THIS PERMIT SHALL BE COMPLETED BY THE FOLLOWING DATE AND TIME: _____/_____/20____ AT ____:_____AM/PM (circle one) ☐ REVISED: Completion Date _____/_____/20____. APPROVED BY __________________ DATE __________________
APPROVED: _____________________________________ DATE: ________________________________ Director, Department of Public Works
TEMPORARY CROACHMENT PERMIT GENERAL CONDITIONS
1. Use of Public Right-of-Way. Permittee shall maintain the encroachment in good repair, and in a clean, safe and sightly condition at Permittee's sole expense, all to the satisfaction of the Director of Public Works of City. Permittee shall perform work in the right-of-way using reasonable care so as to not damage property or unreasonably interfere with use of the right-of-way by the public. City reserves the right to seek from Permittee any fees and costs relating to inspection, maintenance and/or repair of the right-of-way, and/or related to this permit.
2. Acceptance of Provisions. It is understood and agreed by Permittee that commencement of any work authorized by the issuance of this permit shall constitute acceptance of these general conditions, special conditions for approval, any other applicable permit requirements and all attachments.
3. Permit on Site. Permittee shall keep this permit, and all related documents and attachments to this permit, on site at all times that work is occurring and shall provide the permit to any City representative or any law enforcement officer upon request.
4. Indemnification. Permittee shall defend, indemnify and hold the City, its officials, officers, employees, and volunteers (“City Parties”) harmless from any and all loss, claim, cost, liability, or expense (including attorneys’ fees) and from any judgments or damages to any person or property (collectively, “Claims”) arising out of, either directly or indirectly, or in connection with Permittee’s activity, and/or the use of the public right-of-way by the Permittee, its officers, directors, employees, agents, or others acting on Permittee’s behalf or under Permittee’s authority or control (“Permittee Parties”) in any way related to the encroachment permit.
Permittee shall further defend, indemnify, and hold the City Parties harmless from and against any Claims arising out of or in connection with City's issuance and/or revocation of said permit to the fullest extent permitted by law.
5. Insurance. Permittee shall obtain and maintain throughout the term hereof: a) Commercial General Liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate limit for bodily and personal injury, property damage, including personal and advertising injury, products and completed operations. Permittee may combine a commercial General Liability policy with an applicable umbrella policy with similar coverage as the primary CGL policy with no new exclusions to meet the stated limit requirements. Such insurance shall be endorsed to name City and its officials, officers, employees, and volunteers as additional insureds, and shall provide written notice of cancellation to the City; b) Automobile Liability covering any auto (Code 1), or if Permittee/contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage; c) Worker’s Compensation
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as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease (unless waived because Permittee has no employees). The insurance requirements must be met prior to commencing any work or Activity related to this permit. Permittee shall present a certificate of insurance along with all necessary endorsements and insurance coverage shall be primary. If Permittee maintains broader coverage and/or higher limits than the above minimum, City shall be entitled to the broader coverage and/or higher limits maintained by Permittee.
6. Traffic Controls. All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public. Adequate provisions shall be made for the protection of the public. Warning signs, lights, safety devices and other measures required for public safety shall conform with the most recent edition of the California Manual on Traffic Control Devices. All traffic control plans shall be reviewed and approved by the City prior to implementation.
7. Revocation. These provisions and any permit issued herein are revocable or subject to modification at any time and without further notice. Upon revocation of this permit, Permittee shall, at his/her/its sole cost and expense, remove all encroachments and/or improvements installed by Permittee pursuant to this permit, and shall restore the right-of-way to its prior condition. City shall make best efforts to provide a mutually agreed upon and suitable replacement location in the event that the City exercises its revocation rights hereunder.
8. No Transfer. This permit is not transferable. Only Permittee or designated agent or contractor is authorized to perform the work as specified in the permit.
9. Term. This permit is effective and terminates on the dates indicated in the permit. The work or Activity must be completed within the time period specified in the permit and restore the public right-of-way to its prior condition. Permittee assumes all liability for any Claims arising out of or in connection with work occurring outside of the approved time period. Permittee agrees to assume all costs for restoring the right-of-way to its former condition, and to bear the costs borne by the City to make any repairs thereto.
10. Hours of Work/Holidays: All work shall be performed on weekdays between the hours of 7:00 AM and 6:00 PM, unless otherwise specified by this permit or as approved by the Director of Public Works. To reduce traffic congestion and disruption to businesses, permits will not be granted for activities on the following dates in the downtown or business district areas, unless due to an emergency or other special circumstances approved by the Director of Public Works: Memorial Day weekend, Fourth of July weekend, Labor Day weekend, Thanksgiving weekend (Weds.-Fri.), the weekend before Christmas, and the period extending from December 22nd through December 26th.
11. Cost of Work. Unless otherwise stated on the permit or other separate written agreement, all costs incurred for work within the public right-of-way pursuant to this permit is the responsibility of the Permittee, and Permittee hereby waives all claims for indemnification or contribution from the City for such work.
12. Minimum Review Time. Permittee must allow a minimum of 14 business days (excluding City/Federal holidays) to process a temporary encroachment permit to allow the Director of Public Works to consult with affected city departments and other affected agencies.
13. Compliance with All Laws. Permittee agrees that all activities of Permittee, Permittee’s employees, and agents will be carried out in compliance with all applicable federal, state and local laws, including obtaining other required permits and licenses, including the City’s business license, and payment of all applicable fees.
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LIST OF BIKE SHARE STATION LOCATIONS INCLUDED IN ENCROACHMENT PERMIT #XXXX
a. Pilkington and East Cliff Drive, adjacent to 1305 East Cliff Drive – APN 010-282-01 b. Pacific and Beach, adjacent to 25 Beach Street within the parking lot – APN 004-091-02 c. Beach Street, adjacent to 400 Beach Street – APN 007-321-04 d. Riverside and San Lorenzo, adjacent to 225 San Lorenzo Boulevard – APN 007-423-01 e. Swanton and West Cliff, adjacent to 701 West Cliff Drive – APN 004-302-02 f. Swanton Boulevard and West Cliff Drive, adjacent to 204 Swanton Boulevard – APN 003-151-16 g. Pacific Avenue and Church Street, adjacent to 1399 Pacific Avenue – APN 005-081-56 h. Soquel Avenue and North Branciforte, adjacent to 710 Soquel Ave. – APN 010-062-17 i. Soquel Avenue and Cayuga Street, adjacent to 1111 Soquel Avenue – APN 010-042-19 j. Water Street and Morrissey Boulevard, adjacent to 1315 Water Street – APN 009-253-09 k. Seabright Avenue and Murray Street, adjacent to 526 Seabright Ave. – APN 011-163-11 l. Broadway and Frederick Street, adjacent to 433 Frederick Street – APN 011-072-68 m. Broadway and Cayuga Street, adjacent to 1205 Broadway – APN 010-092-16 n. Center Street and Church Street, adjacent to 809 Center Street – APN 005-033-17 o. Pacific Avenue and Cooper Street, adjacent to 1502 Pacific Avenue – APN 005-051-11 p. Pacific Avenue at Santa Cruz METRO Center, adjacent to 902 Pacific Avenue – APN 005-152- 33 q. Pacific Avenue and Lincoln Street, adjacent to 1120 Pacific Avenue – APN 005-153-10 r. Swift Street and McPherson Street, adjacent to 820 Swift Street – APN 003-043019 s. Bay Street at California Street, adjacent to 526 California Avenue – APN 004-461-01 t. Bay Drive at High Street, southeast corner existing vacant city land – APN 002-411-20 u. Delaware Avenue at Swanton Boulevard, adjacent to 310 Swanton Boulevard – APN 003-161- 56 v. Bay Street and King Street, adjacent to 1202 King Street – APN 002-193-01 w. Washington Street and Laurel Street, adjacent to 301 Center Street- APN 005-134-01
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EXHIBIT I: PROPOSED VENDOR ORGANIZATIONAL CHART
12.58 City Council
AGENDA REPORT
DATE: 03/29/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Water
SUBJECT: Meter Replacement Project – Notice of Completion (WT) RECOMMENDATION: Motion to accept the work of Utility Partners of America, Inc. (Greenville, SC) as complete per the agreement and authorize the filing of a Notice of Completion for the Meter Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
BACKGROUND: On August 11, 2020, City Council approved project plans and specifications for the Meter Replacement Project (Project) to replace approximately 23,000 meters with new meters and their associated meters interface units and authorized staff to advise for bids. Bids were competitively solicited through a two-phase process of qualifying contractors using a formal Request for Qualifications followed by an Invitation for Bids. Bids were publicly opened on June 22, 2021 and one bid was received from Utility Partners of America, Inc (Greenville, SC). The bid was determined to be responsive and responsible and an Agreement for Meter Replacement Project: Contract Installer with Utility Partners of America, Inc (“UPA”) was executed on October 11, 2021 in the amount of $3,593,082 (not including contingency).
DISCUSSION: The final cost of the Agreement was $2,855,323. During the course of the implementation, City approved three Amendments, resulting in a net decrease of $389,050 to the contract price. These changes included removing Bid Item 2d - warehouse and office space (cost reduction), adding unforeseen plumbing repairs (cost increase), and adding additional dirt pick up (cost increase). An additional savings of $348,710 was obtained through adjustments in quantities for bid items based on the actual completed work.
All services required under the contract have now been completed, inspected by Water Department staff and found to be constructed in accordance with the Agreement. Benefits of the new metering system are already being realized by the Department and ratepayers alike, including decreased truck rolls to obtain monthly billing reads and leak alerts to warn customers of unforeseen plumbing problems.
The contractor made a good-faith effort to meet the requirements of the City’s Local Hire Ordinance by employing local residents for at least 50% of its overall labor. Several of these residents are continuing to work for the City as temporary Meter Specialists as the Department finishes up the last meter installations that UPA was unable to complete due to circumstances outside of the contractor’s control, such as obstructions to accessing the meter box or propertyside plumbing connections that were found in disrepair.
13.1 FISCAL IMPACT: The final cost of all work under this contract was $2,855,323. The project was funded by the Water Department Capital Investment Program, Meter Replacement Project, c701603.
Prepared By:
Kyle Petersen
Customer Service Manager
Submitted By:
Rosemary Menard
Water Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION FOR METER REPLACEMENT PROJECT.DOCX
13.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: Santa Cruz County Public Right of Way.
2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Meter Replacement Project, c701603 .
3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Replacement of approximately 21,200 meters with new meters and their associated meters interface units.
4. The general site location description or address (the “Property”) of the public improvement is located at: Santa Cruz Municipal Utility customer service area water meter locations.
5. Name and Address of Contractor. The Contractor on the Project is: Utility Partners of America, Inc., 7600 Pelham Road, Suite B, Greenville, SC 29615.
6. Construction Lender. The name and address of the construction lender, if any, is: n/a
7. Date of Completion. The Project on the Property was completed on: March 7, 2023
8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, April 11, 2023
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Water Department
Attn: Administration
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
13.3 Notice of Completion (Revised Oct 2021)
DATE: ___________________
Rosemary Menard
Water Director, City of Santa Cruz
13.4 Notice of Completion (Revised Oct 2021)
VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on ____________________at Santa Cruz, CA
Rosemary Menard
Water Director, City of Santa Cruz
13.5 Notice of Completion (Revised Oct 2021)
PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Taylor Kihoi, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):
Direct Contractor: Anderson Pacific Engineering Construction, Inc. 1390 Norman Ave.
Santa Clara, CA 95054
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on Click here to enter a date., at Santa Cruz, California.
Name of Person Making Service.
13.6 City Council
AGENDA REPORT
DATE: 03/29/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Water
SUBJECT: Ratify Purchase Orders with Core & Main LP, Ferguson Enterprises, Iconix Waterworks, and Pace Supply for Water Distribution Parts and Materials (WT)
RECOMMENDATION: Motion to ratify purchase orders exceeding the formal bid limit for Core & Main LP (St Louis, MO), Ferguson Enterprises LLC (Newport News, VA), Iconix Waterworks Inc. (Snohomish, WA), and Pace Supply (Santa Clara, CA) for Water Distribution parts and materials as needed.
BACKGROUND: The Water Department’s water transmission infrastructure is a complex system of pipes and fittings of different materials, sizes, and age. Waterworks materials can be PVC, cast or ductile iron, asbestos cement, or copper and valves can range in size from 2”-18”.
Such parts are manufactured by a range of suppliers and no single source can provide every type of material and size needed for repairing our system. Recent supply chain delays have also had an impact on part availability with some parts taking a year to receive.
Water Distribution staff are available 24/7/365 to respond to water main breaks and fire hydrant accidents and they regularly complete repairs during the night, on weekends, and on holidays.
Repairs cannot wait for a part to be ordered so Water Distribution maintains a large and varied inventory of repair parts and materials so that when repairs are needed, the repair crews have what they need.
DISCUSSION: Water Distribution has been able to maintain the necessary parts and materials inventory by utilizing four suppliers with warehouses within central California which reduces both shipping time and cost. The four suppliers are: Core & Main LP with a location in San Jose, Ferguson Enterprises LLC with locations in both Santa Cruz and Salinas, Iconix Waterworks Inc with a location in Salinas, and Pace Supply with a location in San Jose.
Water Distribution issues annual blanket purchase orders (POs) that typically exceed $100,000 to each supplier for products as needed which authorizes orders of any product(s), quantity, and price. To be in compliance with the City’s bidding requirements in Chapter 3.08 of the Santa Cruz Municipal Code, Water Distribution always obtains three quotes for orders exceeding the informal bid limit that is currently $10,000 but also seeks competitive bids when lengthy lead times are expected or when current market conditions cause price fluctuations.
14.1 These procedures have been in place for decades with the last formal approval from Council occurring September 12, 2000 per Resolution NS-25,023. Staff is again seeking approval for Water Distribution to issue annual blanket POs that exceed the formal bid limit, currently $100,000, to Core & Main LP (St Louis, MO), Ferguson Enterprises LLC (Newport News, VA), Iconix Waterworks Inc (Snohomish, WA), and Pace Supply (Santa Clara, CA). NS-25,023 is over 20 years old and identifies suppliers by former business names used prior to mergers.
FISCAL IMPACT: Sufficient budget is available in Water Distribution’s operating budget.
Prepared By:
Malissa Kaping
Principal Management
Analyst
Submitted By:
Rosemary Menard
Water Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
None.
14.2 ORDINANCE NO. 2023-05
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 9.90 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO AB 481 MILITARY EQUIPMENT WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, creating Government Code Section 7070, et seq., relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, on May 10, 2022, the Santa Cruz City Council (“City Council”) adopted Ordinance 2022-09, adding Chapter 9.90 to the Santa Cruz Municipal Code (“SCMC”) and adopting a Military Equipment Use Policy;
WHEREAS, the Santa Cruz Police Department (“SCPD”) Military Equipment List currently lists one (1) Recon Robotics “Throw bot,” purchased in 2013; WHEREAS, SCPD wishes to purchase an additional Recon Robotics “Throw bot”; WHEREAS AB 481 in Government Code section 7071(a)(1)(C) requires SCPD to obtain approval from the City Council prior to acquiring military equipment; WHEREAS, the City Council, having received the amended Military Equipment Use Policy listing the additional throw bot and information required under AB 481 regarding the SCPD’s use of military equipment as defined in AB 481, deems it to be in the best interest of the City to approve the amended Military Equipment Policy as set forth herein.
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
SECTION 1. Chapter 9.90 of the Santa Cruz Municipal Code is amended as follows:
9.90.010 MILITARY EQUIPMENT POLICY.
(a) The city council hereby adopts the April 2023 military equipment use policy (“policy”) set forth in Santa Cruz Police Department Policy 705 after having made the following determinations:
(1) The military equipment inventoried and presented in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
15.1 ORDINANCE NO. 2023-05
2 (2) The proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The equipment identified in the policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety, if any;
(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or, if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. The police department has submitted a proposed policy to the city council and has made those documents available on the police department’s website for at least thirty days prior to the public hearing concerning the military equipment at issue. (b) The policy was considered by the city council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(c) The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.
(d) The police department shall submit an annual military equipment report to the city council, containing the information required in Government Code Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (a)(1) through (4). (e) The city council shall review this chapter and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (f) The city council approves the use of the policy and finds that it satisfies the requirements of Government Code Section 7070(d).
SECTION 2. Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.
SECTION 3. This ordinance shall take effect and be in force thirty (30) days after final adoption.
15.2 ORDINANCE NO. 2023-05
3 PASSED FOR PUBLICATION this 28th day of March, 2023, by the following vote:
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 11th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-05 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
15.3 Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:
That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:
April 5, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 5th day of April, 2023, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood
15.4 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 28th day of March, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2023-05, to wit:
1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10
2. City Hall: Bulletin Board outside Council Chambers
3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—3.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 3rd day of April, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood
15.5 City Council
AGENDA REPORT
DATE: 3/27/2023
AGENDA OF: 4/11/2023
DEPARTMENT: Public Works and Planning & Community Development SUBJECT: Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan. Applicant: City of Santa Cruz. Location: Citywide.
Environmental Review: Exempt/Reuse of Prior Environmental Impact Report (PW/PL)
RECOMMENDATION: Motion to introduce for publication an ordinance amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination identified in the agenda report.
BACKGROUND: Recent changes to state law have caused Public Works and Planning staff to propose updates to the car and bike parking provisions of the Municipal Code. This proposed ordinance includes language that will integrate and build on the new requirements of Assembly Bill 2097 (AB 2097), which eliminates parking requirements for “residential, commercial, or other development” within one half-mile of Major Transit Stops (as defined). The existing bicycle parking regulations in the Municipal Code regulate the number and type of bicycle parking provided in different development types. For commercial properties, the existing bicycle parking requirements are calculated as a percentage of required automobile parking, and with the passage of AB 2097, staff proposes updating the bicycle parking requirements to replace automobile parking as the metric for calculations, instead relying mostly on square footage measurements as the basis of the requirements. This ensures that developments that do not provide auto parking will still be required to provide bicycle parking.
These State law changes further trigger a need to update cross-referenced sections and other cleanup code amendments that connect to bike parking requirements and reductions, vehicle parking requirements and standards, and related definitions. Lastly, the City’s standards relating to mechanical parking lifts are included for revision and updating.
16.1 DISCUSSION: The attached Planning Commission Agenda Report includes a detailed discussion of each of the proposed amendments to the code. The regulations relating to bicycle parking facilities remain similar in scope to previous requirements, though they are now proposed to be based on square footage rather than tied to the vehicle parking requirements.
However, the proposed regulations for minimum car parking requirements change significantly in some areas of the City in order to comply with AB 2097, which took effect on January 1 of this year. In some instances, the proposed modifications account for and build on the requirements of AB 2097.
AB 2097
As noted above, various state laws have been reducing the ability of local jurisdictions to regulate the minimum amount of parking required for various types of development over the last few years. The newly-passed AB 2097 legislation eliminates parking minimums for nearly all development located within one half-mile of a Major Transit Stop. The proposed ordinance exceeds the requirements of state law in four ways related to 1) eliminating the potential to make findings that would allow the City to require parking, as those findings cannot be applied based on qualifying factors (further discussion below); 2) not applying parking to employees and workers at event centers; 3) not requiring a minimum number of electric vehicle parking spaces (EV spaces) or accessible spaces, though such spaces would be required at standard ratios when parking is provided; and 4) applying the half-mile buffer from a transit stop to any property that has any portion of the site within a half-mile radius. These changes are discussed in detail in the attached Planning Commission staff report. Some of the information is also provided below.
The draft ordinance eliminates the potential to make findings that would allow the City to require parking primarily because exceptions within the language of the law itself mean that its exemptions have limited applicability within the City of Santa Cruz. Below is an excerpt of the legislative change in the California Government Code, with one exemption underlined by staff for emphasis:
65863.2.
(a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.
(b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households. (2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
(3) Existing residential or commercial parking within one-half mile of the housing development project.
(c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
16.2 (1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities. (2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law.
The circumstances in which the City will not be able to use the exceptions include housing development that complies with the City’s inclusionary housing requirements or housing developments that include fewer than twenty units. One or both of these exclusions would apply to all housing developments within the City limits. For this reason, in addition to others enumerated in the Planning Commission Agenda Report (attached), the proposed ordinance includes language that would eliminate all parking requirements for development within one half-mile of Major Transit Stops. These areas within the City are shown on the attached Map of Major Transit Stops with Half-Mile Buffer.
Planning Commission Discussion
The Planning Commission held a duly noticed public hearing on the proposed ordinance as part of their regular meeting agenda on March 16, 2023. The Commissioners received a brief presentation from Public Works and Planning Staff followed by questions from the commissioners.
Several commissioners asked for an explanation as to why the City would not pursue any of the potential options for local control that appear to be carved out in the law and questioned whether the need for parking for passengers and drivers with disabilities would be adequately met. Staff responded by discussing the various potential challenges in operating a program that retained the exceptions allowed in the law and pointing out that very few projects could even qualify for these exceptions. Staff also described the on-street parking options for people with disability, which include the ability to request a dedicated on-street parking space from the Public Works Director and also the right for those with disabled plates or hang tags to park for free in any metered parking space.
Commissioners also raised questions relating to the City’s ability to regulate maximum parking (not currently required under state law but contemplated in the Council-adopted Climate Action Plan) and discussed the potential to develop a maximum parking standard for a new Warriors Arena as part of the Downtown Plan Expansion, coming forward in the next year. Staff and Commissioners reviewed the text of the state legislation in detail and discussed it in the context of other state regulations including the State Density Bonus Law, the Housing Accountability Act, and the Permit Streamlining Act.
No members of the public attended the meeting to provide testimony, and the Commission voted unanimously to recommend approval of the proposed ordinance as presented. The attached draft Action Summary of the meeting shows the text of the motion and the vote.
Coastal Act and Local Coastal Program Consistency Analysis Automobile Parking Amendments
The proposed ordinance amendments responding to AB 2097 and eliminating requirements for car parking are substantially required under the state law, and the legislation makes no concessions to
16.3 limit applicability within the Coastal Zone. As such, the legislation supersedes local regulations inclusive of the Local Coastal Program (LCP) and LCP Implementation Plan.
By opting to continue to require parking at the existing rate for lodging uses, the City is preserving access to the coastal environment for visitors from other parts of the state who may be arriving into Santa Cruz by car and require parking facilities.
The City’s LCP mentions the value of alternative forms of transportation within the Coastal Zone and acknowledges that limiting parking is one tool that can effectively be used to drive transportation demand to other modes of circulation. Programs C 1.7.1 and C 6.4.6 both address reduced parking standards in the context of improved access to alternative modes of transit within the Coastal Zone:
C 1.7.1 – Reduce automobile parking requirements for developments/land-uses that provide effective incentives for alternative transportation (mixed-use/neighborhood commercial areas, bus passes, subsidies, preferential carpool parking and shuttle services) and investigate ways to mitigate potential impacts on neighborhoods, possibly through residential parking permit programs.
C 6.4.4 – Consider reduction in parking requirements for employers, developments, businesses and major destination centers implementing effective alternative transportation programs.
The state of California has largely eliminated minimum parking requirements in proximity to a Major Transit Stop, thereby limiting the ability of the City and Coastal Commission to require a minimum amount of car parking. In doing so, the state has also impacted the typical regulatory tool that has been used to promote alternative transportation features with new development, as those were typically used as an incentive for reduced parking. However, while alternative transportation programs can no longer be used to reduce required vehicle parking in proximity to a Major Transit Stop, the City can still require alternative transportation programs – not as an incentive but as a requirement. The bike parking requirements associated with this ordinance are one way this is accomplished. The City also has a requirement for new residential developments with twenty or more units and within one-half mile of public transit to provide unlimited bus passes to residents. Collectively, the vehicle parking reduction changes and related transportation demand management policies, such as bicycle parking and bus pass requirements, are consistent with the aforementioned policies that seek to reduce parking, reduce vehicle trips, and increase alternative modes of travel to the single-occupant vehicle, while continuing to support access to beaches and coastal recreation for all Californians.
Bike Parking Amendments
The proposed amendments to bike parking requirements are consistent with the implementation of LCP policy C 3.5 and will make no change to the manner in which Coastal Development Permits are processed or affect any of the existing policies regulating development within the Coastal Zone.
The text of Policy C 3.5 reads as follows:
Revise the Zoning Ordinance and parking district requirements to require secure, covered bicycle parking and/or storage lockers at private and public facilities including but not limited to multi-family developments (10+ units), employment centers with over 50 employees, schools, park and ride lots, recreational areas, mass transit
16.4 centers, bus stops, and movie theaters. Provide design guidelines for safe and secure bicycle parking and promote bicycle access for special events.
The City’s LCP encourages supporting alternative modes of transportation to access the shoreline in policy C 5.6, and the Coastal Act also addresses the issue area of shoreline access with a focus on ensuring transportation systems accompany new, high-intensity development (Coastal Act Section 30252) Reducing access to parking, as the proposed ordinance does, is one effective method of supporting alternative transportation systems by increasing costs and challenges associated with automobile trips. The text of policy C 5.6 reads as follows:
Develop a Visitor/Coastal Access plan consistent with circulation planning goals and promoting alternative transportation modes, to provide convenient and clear access into and out of major destination areas, reduce conflicts with residential traffic and make Santa Cruz an “inviting” place to visit.
Community Outreach
Staff posted a webpage for this ordinance on March 10 inviting public comments and will leave this page up and open for comments until the City Council meeting. This webpage was publicized via email to community members signed up for policy updates and as part of the City Manager’s weekly report. In addition to this public posting, the proposed amendments were presented at March 16, 2023 Planning Commission meeting. All comments received have been included in the correspondence attachment.
The processing of this amendment has been streamlined because there is urgency to ensure that incoming development proposals incorporate bike parking. As noted above in the analysis, absent this ordinance, bike parking requirements for commercial development within the half-mile transit buffer cannot be applied under the new State law.
Next Steps
If approved for publication by the City Council, the ordinance will require a second reading before final adoption. The ordinance would become effective outside the Coastal Zone 30 days after the final approval by the City Council. Because portions of the proposed ordinance are part of the Local Coastal Program Implementation Plan, Coastal Commission approval will be required prior to the ordinance taking effect inside the Coastal Zone. Planning Staff will submit the ordinance to the Coastal Commission for review following final approval by the City Council.
Health in All Policies
In 2019, the City adopted a Health in All Policies strategy to eliminate inequities in health and wellbeing and attain equity for all residents. The proposed revisions to the bicycle parking and automobile parking requirements support the City’s Health in All Policies strategy as the intent of the revisions is to provide bicycle parking in all development and to promote active transportation and public transit use through a reduction in easy access to automobile parking. Removing automobile parking requirements consistent with State law also seeks to facilitate new development by right-sizing the amount of included parking which could lead to cheaper development costs.
16.5 Environmental Review
This Zoning Ordinance amendment falls within the analyzed development potential in the City’s existing 2030 General Plan EIR and therefore, pursuant to Section 15183 of the California Environmental Quality Act Guidelines, no further environmental review under the California Environmental Quality Act (CEQA) is required. Additionally, the availability of parking is not an impact on the natural environment that is regulated under CEQA, as has been determined by both changes to CEQA and by multiple court cases in recent years.
FISCAL IMPACT: As the proposed ordinance relieves certain projects of an often-challenging development standard, the policy could lead to an increase in development applications. An increase in development applications will result in increased revenue for the City in the short term and increased tax basis over the longer term as redeveloped properties are reassessed.
Increased revenues would be offset by the fact that new development (housing especially) typically increases the need for City services, so the overall fiscal impact of the proposed ordinance is uncertain.
Prepared By:
Joanna Edmonds
Transportation Planner
Sarah Neuse
Senior Planner
Submitted By:
Lee Butler, AICP
Planning & Community
Development Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. Proposed Ordinance Amendments – Clean
2. Proposed Ordinance Amendments – Strikeout-Underline
3. Map: Major Transit Stops with Half-Mile Buffer
4. Text of AB 2097
5. Planning Commission Agenda Report and Action Summary of 3/16/23
6. Public Correspondence
16.6 1
ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 24.12 AND 24.22 OF THE SANTA CRUZ MUNICIPAL CODE RELATING TO
PARKING FOR BICYCLES AND AUTOMOBILES
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Section 24.12.220 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.220 EXCEPTIONS.
1. Off-street parking and loading requirements set forth in this part shall not apply to:
a. agricultural uses or
b. development within one half-mile of a Major Transit Stop i. This exception shall not apply to any lodging use.
Section 2. Section 24.12.240 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.240 NUMBER OF PARKING SPACES REQUIRED.
Use Spaces Required
Automobile or machinery sales and service garages 1 for each 400 square feet of floor area
Banks without automatic teller machines 1 for each 400 square feet of floor area
Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each
machine
Business and professional offices, excluding medical and dental offices
1 for each 300 square feet of
floor area
Billiard parlors 1.5 for each table
Community care residential facilities, including, but not limited to: assisted living facilities, children’s homes, congregate care homes, nursing homes, residential
treatment facilities
1 for every 5 guests, plus 1 for
each employee on the shift with
the maximum number of
personnel
Houses of worship 1 for each 3.5 seats in the
sanctuary
16.7 2
Dancehalls and assembly halls without fixed seats,
exhibition halls, except church assembly rooms in
conjunction with auditoriums
1 for each 3 persons of design
occupancy load
Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or manager
Funeral homes, mortuaries 1 for each 5 seats of the
aggregate number of seats
provided in all assembly rooms
Furniture and appliance stores, household equipment 1 for each 800 square feet of sales floor area
Hospitals 1 for each bed, plus 1 for each
employee on the shift with the
maximum number of personnel
Hotels, motels 1 for each unit intended for
separate occupancy, plus 1 for
the resident owner or manager
Manufacturing plants, bottling plants, processing plants, packaging plants, furniture repair
1 for each 500 square feet of
floor area
Medical and dental clinics and offices 1 for each 200 square feet of floor area
Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift with the
maximum number of personnel
Physical fitness facilities
Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.
1 space for each 250 square feet
of floor area
Physical therapy 1 space per 200 square feet of
floor area. In addition, 1 space
per 50 square feet of pool
(water) area
Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including
townhouses), houseboat,
duplex, triplex, multiple
mobilehomes, community
housing projects, other
multifamily dwelling units
1.0 1.0 2.0
Community housing projects,
townhouses, and multifamily
projects of 5 units or more
In addition to meeting above residential parking
requirements, guest parking spaces shall be provided at a rate 10% of the above standards. Fractional spaces will be rounded up to the next whole number.
16.8 3
Lodging, rooming houses and
bed-and-breakfast inns
2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories 0.75 space for each guest or occupant Senior housing development 1 for each 3 dwelling units or rooms intended for separate occupancy, plus an area of land equal to the required offstreet parking for multifamily units, not including required open space, which could be converted to parking should the retirement center change to a multifamily
residential use
Flexible density unit (FDU) 1 space for each dwelling unit Single-room occupancy
dwelling unit, less than 300
square feet
0.75 for each dwelling unit
Single-room occupancy
dwelling unit, 300 square feet or
more
1 for each dwelling unit
Accessory dwelling unit The parking standards for accessory dwelling units are as follows (these standards do not affect the amount of
required parking for the primary residence):
Outside the coastal zone, no off-street parking shall be required for an ADU and spaces removed to
accommodate an ADU will not require replacement.
On parcels located inside the coastal zone and within the designated areas shown in the LCP Figure “ADU Parking
Required” (which follows this table), at least one offstreet parking space shall be required for each ADU, and all off-street parking requirements associated with all other residential uses at the site shall be met on site, including replacement parking spaces if any are removed to accommodate an ADU.
On parcels located inside the coastal zone but not within the designated areas shown in LCP Figure “ADU Parking
Required” (which follows this table), zero parking spaces shall be required for each ADU. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. If other parking areas on a site (e.g., a driveway or other
nonstructural parking area) are removed to provide for an ADU, off-street replacement parking spaces shall be
required for the primary (non-ADU) residential use.
Use Spaces Required
16.9 4
Restaurants and other
establishments selling food and
beverages on the premises
(including bars and nightclubs
without live entertainment)
1 for each 120 square feet of floor area
Restaurants with counter and/or
take-out service or drive-in
facilities
1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out service
Research and development
facilities
1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater
Retail stores, shops, service
establishments, including
shopping centers other than
furniture and appliance stores
1 for each 250 square feet of floor area
Schools:
• Elementary and junior high 1 for each employee
• High schools 1 for each employee, plus 1 for each 10 students Colleges (business, beauty, etc.)
and universities
1 for each employee, plus 1 for each 3 students
Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
Sports arenas, auditoriums,
assembly halls, and meeting
rooms
1 for each 3.5 seats of maximum seating capacity
Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
Tutoring facilities 1 for each 250 square feet of floor area Wholesale establishments,
warehouses, service and
maintenance center,
communications equipment
buildings
1 for each 1,000 square feet of floor area
Recycling collection facilities
• Independent 2 spaces
• In conjunction with other uses
that provide required parking
0 spaces
Unspecified uses of buildings,
structures, or premises
Where the parking requirement for a particular use is not specifically established in this section, the parking
requirements for each use shall be determined by the
zoning administrator, and such determination shall be
based upon the requirements for similar uses. Public uses not specifically established in this section shall meet the parking requirement as established by the planning
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commission. The planning commission shall take into
account the proposed use and parking availability in the vicinity of the use.
Uses in Parking District No. 1
(Downtown)
Parking shall be provided in conformance with the
resolution of the city council for this district in effect at the time of submittal of a complete application.
Section 3. Section 24.12.250 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.250 BIKE PARKING REQUIREMENTS.
1. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy.
2. Bike Spaces and Type Required. Bicycle parking facilities’ quantity and type shall be provided in accordance with the following schedule, with fractional quantity requirements for bike parking over one-half to be rounded up. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bike rack classifications listed in subsection 4.
Example Number of Bicycle
Parking Spaces Required
Classification
Class 1 = Long-term
Class 2 = Short-term
Industrial Warehousing,
manufacturing,
1 per 7,500 square feet,
Minimum 2 spaces
80% Class 1
20% Class 2
Office and
Financial
Institutions
General office,
medical, clinic,
research and
development,
banks
1 per 1,500 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
Retail/Service
or other
Commercial
Grocery store,
hardware store,
personal
services,
handicraft
1 per 1,000 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
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Restaurant/Bar Restaurant, Deli,
coffee shop,
bar/tasting
rooms
1 per 500 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
Multifamily
Residential (3
or more units)
Housing
developments
with 3 or more
units
See classification column Class 1 – 1 space per unit -
garages or secure accessible
indoor areas count
Class 2 – 1 space per 4 units,
Minimum 2 spaces
Commercial
recreation
Sports Arenas,
Theaters
See classification column Class 1 – 1 per 10,000 square feet
Class 2 – 1 per 40 seats,
Minimum 10
Civic Uses
(Civic,
Cultural,
Public, and
Religious
Assembly)
Library or
museum, places
of public or
religious
assembly
1 per 1,000 square feet 10% Class 1
90% Class 2
Schools 1 per 5 students 20% Class 1
80% Class 2*
*must be in secure area such
as bike cage or within gated
school grounds, preferably
with weather protection such
as roof
Park-and-ride
lots
1 per 10 auto parking spaces,
Minimum 2 spaces
100% Class 1
Transit centers See classification column 30 Class 1 spaces 12 Class 2 spaces
Lodging Hotel, motel 1 per 5 rooms/units 10% Class 1
90% Class 2
Commercial
Parking
1 per 10 auto parking spaces 100% Class 1
16.12 7
Parking District
No 1 –
Residential
Uses
Multifamily
housing
See classification column One (1) Class 1 bicycle
parking space per units
One (1) Class 2 bicycle
parking space per 15 units
Parking District
No 1 – NonResidential
Uses
Any nonresidential uses
in District
1 per 1,000 square feet 25% Class 1
75% Class 2.
The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.
Emergency
Shelters
See 24.12.1610 1 per 3 occupants 25% Class 1
75% Class 2.
The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.
3. For projects requiring 20 or more bike parking spaces, a bike fix-it station is required.
A fix-it station shall include at a minimum a bicycle pump; 2.5, 3, 4, 5, 6, and 8mm Allen wrenches; 8, 9, 10-, 11-, 15-, and 32-mm box wrenches; two tire levers; and a Phillips and flat head screwdriver. For projects requiring 20 or more bicycle parking spaces a minimum of 5 percent of required bicycle parking spaces must have a larger footprint of 3 feet by 10 feet, which must be provided in a horizontal, floor level rack. These spaces will be available for larger bicycles such as e-bikes, cargo bikes, bikes with trailers, and other larger bicycles.
4. Classification of Facilities.
a. “Class 1 bicycle facility” means a locker, individually locked enclosure or supervised area within a building providing protection for each bicycle therein from theft, vandalism and weather. Class 1 facilities are intended for long-term storage. b. “Class 2 bicycle facility” means a stand or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein. Racks must provide two points of contact to bicycle frames, so that they are easily usable with both U-locks and cable locks. Racks should support the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down. The preferred Class 2 bike rack style is an inverted U, which meets code requirements.
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Racks that support a bike primarily by a wheel, such as standard “wire racks,” are damaging to wheels and thus are not acceptable. Class 2 facilities are intended for short-term storage.
5. Location and Design of Facilities.
a. Bicycle parking shall be located in well-lit locations within 40 feet of the building’s entrance and clustered in lots not to exceed sixteen spaces each. b. Bicycle parking facilities shall provide two points of contact to bicycle frames to support bicycles in a stable position without damage to wheels, frame or other components.
c. Bicycle parking facilities shall be located in highly visible, well-lit areas to minimize theft and vandalism.
d. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.
e. Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture.
f. Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles.
An aisle or other space shall be provided to bicycles to enter and leave the facility.
This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility.
g. Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.
h. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.
i. Any bicycle parking provided in double-decker bicycle racks shall have a liftassist mechanism to aid the user in parking their bicycle on the upper rack. j. If vertical wall hanging bicycle racks are used for Class 2 bicycle parking, 30% of required Class 2 bicycle parking must be provided in racks that meet Class 2 requirements in 24.12.250.4(b) at ground level.
16.14 9
k. If required Class II bicycle parking is not clearly visible to bicyclists approaching from adjacent public roadways or paths, signs shall indicate the locations of the facilities on the exterior of the building at each major entrance and in other appropriate locations. Where necessary, additional directional signage to the bicycle parking area shall be provided.
6. Variation to Requirements.
a. Substitution of Car Parking with Bike Parking. New and preexisting developments may reduce up to ten percent of their parking requirement with the provision of unrequired additional bike parking, as long as the spaces are conveniently located within 40 feet of a building entrance. This parking reduction must yield at least six bike parking spaces per converted auto space. These bike parking spaces shall be in addition to the bike parking facilities required by Section
24.12.250, and provided in the same ratio of Class 1 and Class 2. The total available parking reduction granted shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete planning application is submitted.
b. Where the provision of bike parking is not feasible, the requirements may be waived or reduced to a feasible level by the zoning administrator in accordance with city bike parking standards.
c. Downtown Parking District- All nonresidential uses. Businesses and developments within Parking District No 1 are not required to provide Class 2 bicycle parking on site if adequate on-site space is not available, as determined by the Planning Director. The city shall permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the Director of Public Works.
Section 4. Section 24.12.280 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.280 DESIGN REQUIREMENTS.
1. Driveway Design Standards.
a. Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A-District or R-District shall be provided with a clear vision area and parking facilities which are located adjacent to two intersecting streets shall include a clear corner triangle as defined in this title. These areas shall be maintained in conformance with Section 13.30.110.
16.15 10
b. The total clear space to accommodate a vehicle in driveways and private parking areas used as private parking facilities for single-family residential uses shall not be smaller than the dimensions of required on-site parking spaces. c. Driveways shall be designed to conform with existing contours to the maximum extent feasible.
d. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight in clear vision areas and clear corner triangles. e. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:
* Back edge of standard city driveway.
** All percentages are measured from the edge of standard city driveway. f. Driveways and approaches shall comply with the applicable standards set forth in Chapter 15.20.
2. Parking Facility Layout. The diagrams entitled “Sample Parking Designs and Standards,” included at the end of this chapter, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only and these standards may be varied with supportive documentation of acceptable circulation by a California-licensed civil engineer. a. Each standard-size parking space shall be either:
(1) Not less than nineteen feet in length by eight and one-half feet in width; or
(2) Included in a mechanical parking lift.
b. Each compact parking space shall be either:
(1) Not less than sixteen feet in length by seven and one-half feet in width; or
(2) Included in a mechanical parking lift.
c. Applications including mechanical parking lifts or stacked parking shall demonstrate how individual users can effectively access vehicles. Unless utilizing Section 20.290.2.f, parking lifts and stacked parking are not permitted except:
(1) within enclosed parking garages in any location or
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(2) within parking structures included with commercial and mixed-use development in Parking District 1.
(3) In no case shall parking lifts be installed in a surface parking lot or in any other location that is open to the sky including the roof of a parking structure.
3. Access to Spaces or Facilities.
a. Access to parking facilities shall not be less than twenty feet in width; except as follows:
(1) Access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width, except as provided in subsection (1), Driveway Design Standards, for private facilities for single-family homes. (2) Access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.
(3) Where separate one-way drive aisles are proposed, each shall be not less than ten feet in width.
(4) The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings:
i. That the width is necessary to preserve the open-space character of the area;
ii. That the width contributes to the compatible use of open-space lands.
(5) The public works department, planning and community development department, and/or the fire department may approve designs that vary from the above standards based on the individual circumstances of a parcel or use.
b. Backing Out.
(1) General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley. (2) Exceptions. Parking facilities for single-family dwellings and duplexes not located on a highway or major or minor arterial, as shown on the General Plan Land Use Map, may provide for backing into the street. Parking facilities for three-family dwelling or triplex or four-family dwelling or fourplex may be designed to back out onto a street only if the street is not an arterial or collector street.
16.17 12
(3) Dimensions. Public and private parking facilities shall provide at least twenty-four feet of clear area behind parking spaces for backing-out and turning movements when ninety-degree parking spaces are used, at least fifteen feet when forty-five-degree parking is used, and at least eighteen feet when sixty degree parking is used. In unique situations, a Californialicensed civil engineer may demonstrate with a turning diagram that this dimension can be reduced and still provide adequate on-site circulation for standard sized vehicles. Reductions in back-out area are subject to review and approval by the planning director or designee in consultation with the director of public works or designee.
4. Tandem Spaces or Parking Lifts in Residential Development. a. Parking spaces for residential uses may be provided in a tandem arrangement no more than three parking spaces deep. No parking space may be in tandem with a parking space for a separate dwelling unit except as allowed for accessory dwelling units.
b. Parking spaces for residential uses may be provided in parking lifts. In multifamily residential uses, each household must have independent access to their vehicles at any time without requiring the involvement of any other household. c. Residential parking arrangements relying on valet service may exceed either of the above thresholds by demonstrating that residents are able to access any of their vehicles at any time.
5. Border Barricades. Every parking facility containing angled or ninety-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb, or barrier shall be securely installed and maintained.
6. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or one and one-half inches of asphalt overlying four inches of base rock; except:
a. Temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the director of public works; b. Driveways and parking pads for single-family residences may be surfaced with four inches of concrete or other approved material;
16.18 13
c. Parking facilities approved by the zoning administrator or planning commission for a different parking surface;
d. All off-street parking facilities shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.
7. Marking. Parking spaces within a facility shall be clearly marked and delineated. For nonresidential uses, wheel stops or curbing may be required.
8. Lighting. Lighting shall be directed onto the subject property only and shielded so that the light source is not visible from adjacent properties or streets.
9. Landscaping and Screening.
a. General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design.
(1) Every commercial parking facility abutting property either located in R-Districts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use.
Screening devices may not exceed the standards set forth in Section
13.30.110.
(2) Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing, or other permanent landscape feature including fencing, gravel, or rigid landscape edging. Parking facilities that incorporate landscaped storm water treatment or retention areas in conformance with adopted city best management practices for low impact development shall be exempt from this requirement adjacent to those areas used for treatment or retention.
b. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments. Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient
16.19 14
size and quality to adequately screen and soften the effect of the parking area, within the first year.
Section 5. Section 24.12.290 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.290 VARIATIONS TO REQUIREMENTS.
The off-street parking requirements of this part may be satisfied or modified in the following ways:
1. Parking District Number 1. If the property being occupied or proposed to be occupied is in Parking District Number 1 and requires a number of parking spaces greater than the existing use, and not otherwise accommodated on the site, the downtown commission shall review the project and advise the decision-making body as to whether the parking district is capable of providing adequate parking for the new use and existing uses in the vicinity.
2. Variations to Design Requirements. A variation to the design standards may be approved by the zoning administrator as part of an administrative use permit to supersede the design requirements contained in this section if a finding can be made that the purpose of this section is met and the following standards are met, as applicable:
a) Parking must be able to properly function, allowing for convenient maneuvering, and compatible relationship to adjacent uses. b) All parking stalls shall be marked.
c) The parking arrangement shall not create safety problems for persons parking in or traversing the parking area.
d) Any valet parking program must operate full-time during established business or operating hours (if applicable).
e) Any off-site parking program, for any amount of the required number of parking spaces either:
i. Is within a quarter-mile radius from the subject site; or ii. Includes a permanent and effective means of transporting employees or patrons from the parking parcel(s) to the subject site. f) Any alternative design involving parking lifts shall demonstrate that the cars and lifts are both obscured from view from neighboring properties and public roadways, and compliant with Municipal Code Section 24.14.260 Noise.
2. Reductions to Number of Required Parking Spaces. Required parking spaces may be reduced up to thirty-five percent (with fractional spaces to be rounded up to the next whole number) by the zoning administrator as part of an administrative use permit. This may be done using one or more of the following strategies, or an approved equivalent, subject to any standards contained herein. Reductions are
16.20 15
available for automobile parking only, and these reductions are independent of any bicycle parking required in compliance with 24.12.250. The available reduction for each strategy shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete application is submitted:
a. On-Site Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same or adjoining parcels may be reduced if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week and/or if their hours of operation do not coincide. At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility.
b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:
i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review; ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;
iii. Submit a signage program to notify users at all location(s) of shared parking facilities;
iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.
v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (b)(2) unless otherwise modified by the zoning administrator.
a. Nonautomobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/car pool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation. b. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section 24.12.250(5). This reduction strategy, in and of itself, will not require an administrative use permit.
c. Unbundled Parking. Residential development and the residential portion of mixed-use development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on-street parking on all roadways within a five-hundred16.21 16 foot minimum walking distance from the pedestrian entrances to the building or site.
d. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.
3. Parking Requirements for Nonconforming Structures or Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category, or otherwise increased in capacity, off-street parking shall be required only for that portion of structures or use constituting the increase in capacity; except that:
a. No additional parking need be provided for nonresidential uses if the increased capacity results in an increase of four or fewer required parking spaces; and b. No additional parking shall be required for residential uses if the increased capacity results in an increase of no more than one required parking space.
4. Reduction of Parking Requirements for Historic Building Survey Buildings and Landmarks, and on Lots with Contributing Buildings within an Historic District.
The normal parking requirement for (a) use(s) in a building that is listed on the historic building survey, or a landmark, may be modified in order to maintain the value of the listing or designation in accord with Section 24.12.445. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties. , findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.
Section 6. Section 24.12.1030 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.1030 COMMON FACILITIES.
1. SRO projects shall have at least ten square feet of common usable open space per unit however no SRO project shall provide less than two hundred square feet of common outdoor open space and two hundred square feet of common indoor open space.
Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.
2. Common Open Spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor spaces may
16.22 17
include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).
3. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than twenty units at the ratio of one washer and one dryer for every additional twenty units.
4. Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.
5. Complete common cooking facilities/kitchens must be provided if any unit within the project does not have a kitchen. One complete cooking facility/kitchen shall be provided within the project for every twenty units or portion thereof or have one kitchen on any floor where units without kitchens are located.
6. All SRO units must have access to a separate usable storage space within the project.
Section 7. Section 24.12.1520 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.1520 DEVELOPMENT STANDARDS.
1. Density. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to FDU units.
2. Unit Size. The floor area of FDU units may range from a minimum of two hundred twenty square feet to a maximum of six hundred fifty square feet.
3. Minimum Dwelling Units Requirement. Residential or mixed-use projects shall contain at least three dwelling units to qualify for use of the FDU unit type. FDU units can count towards this requirement.
4. Open Space. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum open space per dwelling unit shall not apply to FDU units. In lieu of the district regulations for open space, minimum usable open space per dwelling unit for FDU units shall be defined by Section 24.12.1530.
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5. Storage Facilities. All FDU units shall have access to private usable storage space containing a minimum of two hundred cubic feet. The required storage space may be incorporated into private garages or carports; provided, that the garage or carport has adequate space for a vehicle, as required by Part 3, Chapter 24.12.
6. Covered Parking. Covered parking is not required.
7. Zoning. In addition to the permitted land use districts in Chapter 24.10, FDUs shall be permitted in the Central Business District (CBD) pursuant to the development standards and design guidelines section of the Downtown Plan.
Section 8. Section 24.12.1620 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.1620 DEVELOPMENT STANDARDS.
Emergency shelters shall comply with the underlying development standards of the zoning district in which they are located. In addition, the following standards shall be met:
1. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-ofway, and of an intensity compatible with the neighborhood.
2. Security. Facility shall have city accepted on-site security during hours of operation.
Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
3. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.
4. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with the requirements of the public works department.
5. Emergency Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements:
a. Temporary shelter shall be available to residents for no more than six months. b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
c. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections,
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police and other appropriate departments prior to operation of the emergency shelter.
The plan shall include a floor plan that demonstrates compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning and community department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
6. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
7. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
9. Bed Space. The number of beds or persons permitted to be served by the facility will be limited by the standards set forth in this section and other applicable sections of the zoning and building codes.
10. Laundry facilities shall be provided for shelters with ten or more beds.
Section 9. Section 24.22 of Chapter 24.22 of the Santa Cruz Municipal Code is hereby amended add the following definitions:
24.22.530 Major Transit Stop
Major Transit Stop shall have the meaning set forth in California Public Resources Code section 21155
24.22.598 Parking Lift
Any electronic, hydraulic, or mechanical device used for the vertical stacking and storage of automobiles.
Section 10. This ordinance shall take effect and be in full force thirty (30) days after final adoption outside of the Coastal Zone. Within the Coastal Zone, this ordinance shall take effect and be in full force after approval by the California Coastal Commission.
PASSED FOR PUBLICATION this 11th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
City Clerk Administrator
16.25 20
PASSED FOR FINAL ADOPTION this __th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ___________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2023-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator
16.26 24.12.220 EXCEPTIONS.
1. Off-street parking and loading requirements set forth in this part shall not apply to:
a. agricultural uses or
b. development within one half-mile of a Major Transit Stop i. This exception shall not apply to any lodging use.
24.12.240 NUMBER OF PARKING SPACES REQUIRED.
Use Spaces Required
a. Automobile or machinery sales and service garages 1 for each 400 square feet of floor area
b. Banks without automatic teller machines 1 for each 400 square feet of floor area
c. Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each
machine
d. Business and professional offices, excluding medical and dental offices
1 for each 300 square feet of
floor area
e. Billiard parlors 1.5 for each table
f. Community care residential facilities, including, but not limited to: assisted living facilities, children’s homes, congregate care homes, nursing homes, residential
treatment facilities
1 for every 5 guests, plus 1
for each employee on the
shift with the maximum
number of personnel
g. Houses of worship 1 for each 3.5 seats in the
sanctuary
h. Dancehalls and assembly halls without fixed seats,
exhibition halls, except church assembly rooms in
conjunction with auditoriums
1 for each 3 persons of
design occupancy load
i. Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or
manager
j. Funeral homes, mortuaries 1 for each 5 seats of the
aggregate number of seats
16.27 provided in all assembly
rooms
k. Furniture and appliance stores, household equipment 1 for each 800 square feet of sales floor area
l. Hospitals 1 for each bed, plus 1 for
each employee on the shift
with the maximum number
of personnel
m. Hotels, motels 1 for each unit intended for
separate occupancy, plus 1
for the resident owner or
manager
n. Manufacturing plants, bottling plants, processing
plants, packaging plants, furniture repair
1 for each 500 square feet of
floor area
o. Medical and dental clinics and offices 1 for each 200 square feet of floor area
p. Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift
with the maximum number
of personnel
q. Physical fitness facilities
Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.
1 space for each 250 square
feet of floor area
r. Physical therapy 1 space per 200 square feet
of floor area. In addition, 1
space per 50 square feet of
pool (water) area
s. Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including
townhouses), houseboat,
duplex, triplex, multiple
mobilehomes, community
housing projects, other
multifamily dwelling units
1.0 1.0 2.0
Community housing projects,
townhouses, and multifamily
projects of 5 units or more
In addition to meeting above residential parking
requirements, guest parking spaces shall be provided at
16.28 a rate 10% of the above standards. Fractional spaces will be rounded up to the next whole number.
Lodging, rooming houses and
bed-and-breakfast inns
2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories 0.75 space for each guest or occupant Senior housing development 1 for each 3 dwelling units or rooms intended for separate occupancy, plus an area of land equal to the
required off-street parking for multifamily units, not
including required open space, which could be
converted to parking should the retirement center
change to a multifamily residential use
Flexible density unit (FDU) 1 space for each dwelling unit Single-room occupancy
dwelling unit, less than 300
square feet
0.75 for each dwelling unit
Single-room occupancy
dwelling unit, 300 square feet
or more
1 for each dwelling unit
Accessory dwelling unit The parking standards for accessory dwelling units are as follows (these standards do not affect the amount of required parking for the primary residence):
Outside the coastal zone, no off-street parking shall be required for an ADU and spaces removed to
accommodate an ADU will not require replacement.
On parcels located inside the coastal zone and within
the designated areas shown in the LCP Figure “ADU
Parking Required” (which follows this table), at least
one off-street parking space shall be required for each ADU, and all off-street parking requirements associated with all other residential uses at the site shall be met on site, including replacement parking spaces if any are removed to accommodate an ADU.
On parcels located inside the coastal zone but not
within the designated areas shown in LCP Figure “ADU
Parking Required” (which follows this table), zero
parking spaces shall be required for each ADU. When a
garage, carport, or covered parking structure is
demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory
dwelling unit, those off-street parking spaces are not
16.29 required to be replaced. If other parking areas on a site (e.g., a driveway or other nonstructural parking area)
are removed to provide for an ADU, off-street
replacement parking spaces shall be required for the
primary (non-ADU) residential use.
Use Spaces Required
t. Restaurants and other
establishments selling food
and beverages on the
premises (including bars and
nightclubs without live
entertainment)
1 for each 120 square feet of floor area
u
.
Restaurants with counter
and/or take-out service or
drive-in facilities
1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out
service
v
.
Research and development
facilities
1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater
w Retail stores, shops, service
establishments, including
shopping centers other than
furniture and appliance
stores
1 for each 250 square feet of floor area
x
.
Schools:
• Elementary and junior high 1 for each employee
• High schools 1 for each employee, plus 1 for each 10 students y
.
Colleges (business, beauty,
etc.) and universities
1 for each employee, plus 1 for each 3 students
z
.
Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
a
a
.
Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
a
b
.
Sports arenas, auditoriums,
assembly halls, and meeting
rooms
1 for each 3.5 seats of maximum seating capacity
a
c
.
Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
16.30 a
d
.
Tutoring facilities 1 for each 250 square feet of floor area a
e
.
Wholesale establishments,
warehouses, service and
maintenance center,
communications equipment
buildings
1 for each 1,000 square feet of floor area
a
f.
Recycling collection facilities
• Independent 2 spaces
• In conjunction with other
uses that provide required
parking
0 spaces
a
g
.
Unspecified uses of
buildings, structures, or
premises
Where the parking requirement for a particular use is not specifically established in this section, the parking
requirements for each use shall be determined by the
zoning administrator, and such determination shall be
based upon the requirements for similar uses. Public uses not specifically established in this section shall meet the parking requirement as established by the planning
commission. The planning commission shall take into
account the proposed use and parking availability in the vicinity of the use.
a
h
.
Uses in Parking District No. 1
(Downtown)
Parking shall be provided in conformance with the
resolution of the city council for this district in effect at the time of submittal of a complete application.
24.12.250 BIKE PARKING REQUIREMENTS.
1. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy., except when the project property is located within the Parking District Number 1.
2. Bike Spaces and Type Required. Bicycle parking facilities’ quantity and type shall be provided in accordance with the following schedule, with fractional quantity requirements for bike parking over one-half to be rounded up. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bike rack classifications listed in subsection 4. Fractional amounts of the type of parking facilities may be shifted as desired.
16.31 Number of Bicycle
Parking Spaces
Required
Classification
a
.
Commercial, industrial,
office, retail, service
20% Class 1
80% Class 2
Number of auto
parking spaces
2 + 15% of auto parking
requirement
b
.
Multifamily residential
(3 or more units)
1 space per unit 100% Class 1 garages or secure
accessible indoor areas count
One space per four units Class 2
c
.
Public or commercial
recreation
35% of auto parking 10% Class 1
90% Class 2
d
.
Schools 1 space per 3 students 100% Class 2 secured, covered e
.
Park-and-ride lots and
transit centers
35% of auto parking 80% Class 1
20% Class 2
f. Lodging 1 space per 5 units 10% Class 1
90% Class 2
Example Number of Bicycle Parking
Spaces Required
Classification
Class 1 = Long-term
Class 2 = Short-term
Industrial Warehousing,
manufacturing,
1 per 7,500 square feet,
Minimum 2 spaces
80% Class 1
20% Class 2
Office and
Financial
Institutions
General office,
medical, clinic,
research and
development,
banks
1 per 1,500 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
Retail/Service or
other
Commercial
Grocery store,
hardware store,
personal
services,
handicraft
1 per 1,000 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
16.32 Restaurant/Bar Restaurant, Deli,
coffee shop,
bar/tasting
rooms
1 per 500 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
Multifamily
Residential (3 or
more units)
Housing
developments
with 3 or more
units
See classification column Class 1 – 1 space per unit -
garages or secure accessible
indoor areas count
Class 2 – 1 space per 4 units,
Minimum 2 spaces
Commercial
recreation
Sports Arenas,
Theaters
See classification column Class 1 – 1 per 10,000
square feet
Class 2: 1 per 40 seats,
Minimum 10
Civic Uses (Civic,
Cultural, Public,
and Religious
Assembly)
Library or
museum, places
of public or
religious
assembly
1 per 1,000 square feet 10% Class 1
90% Class 2
Schools 1 per 5 students 20% Class 1
80% Class 2*
*must be in secure area
such as bike cage or within
gated school grounds,
preferably with weather
protection such as roof
Park-and-ride
lots
1 per 10 auto parking
spaces,
Minimum 2 spaces
100% Class 1
Transit centers See classification column 30 Class 1 spaces 12 Class 2 spaces
Lodging Hotel, motel 1 per 5 rooms/units 10% Class 1
90% Class 2
Commercial
Parking
1 per 10 auto parking
spaces
100% Class 1
16.33 Parking District
No 1-
Residential Uses
Multifamily
housing
See classification column One (1) Class 1 bicycle
parking space per units.
One (1) Class 2 bicycle
parking space per 15 units
Parking District
No 1- NonResidential Uses
Any nonresidential uses
in District
1I per 1,000 square feet 25% Class 1
75% Class 2.
The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.
Emergency
Shelters
See 24.12.1610 1 per 3 occupants 25% Class 1
75% Class 2.
The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.
3. For projects requiring 20 or more bike parking spaces, a bike fix-it station is required. A fix-it station shall include at a minimum a bicycle pump; 2.5, 3, 4, 5, 6, and 8mm Allen wrenches; 8, 9, 10-, 11-, 15-, and 32-mm box wrenches; two tire levers; and a Phillips and flat head screwdriver.
For projects requiring 20 or more bicycle parking spaces a minimum of 5 percent of required bicycle parking spaces must have a larger footprint of 3 feet by 10 feet, which must be provided in a horizontal, floor level rack. These spaces will be available for larger bicycles such as e-bikes, cargo bikes, bikes with trailers, and other larger bicycles.
4. Classification of Facilities.
a. “Class 1 bicycle facility” means a locker, individually locked enclosure or supervised area within a building providing protection for each bicycle therein from theft, vandalism and weather. Class 1 facilities are intended for long-term storage. b. “Class 2 bicycle facility” means a stand or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein. Racks must provide two points of contact to bicycle frames, so that they are easily usable with both U-locks and cable locks. Racks should support the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down. The preferred Class 2 bike rack style is an inverted U, which meets code requirements. Racks that support a bike primarily by a wheel, such as standard “wire racks,” are damaging to wheels and thus are not
16.34 acceptable. Class 2 facilities are intended for short-term storage. (See Bikes are Good Business design guidelines.)
45. Location and Design of Facilities.
a. Bicycle parking should shall be located in well-lit locations within 40 feet of the building’s entrance and clustered in lots not to exceed sixteen spaces each. b. Bicycle parking facilities shall provide two points of contact to bicycle frames to support bicycles in a stable position without damage to wheels, frame or other components.
c. Bicycle parking facilities should shall be located in highly visible, well-lighted areas to minimize theft and vandalism.
d. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. e. Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture. f. Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility. g. Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.
h. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.
i. Any bicycle parking provided in double-decker bicycle racks shall have a lift-assist mechanism to aid the user in parking their bicycle on the upper rack. j. If vertical wall hanging bicycle racks are used for Class 2 bicycle parking, 30% of required Class 2 bicycle parking must be provided in racks that meet Class 2 requirements in
24.12.250.4(b) at ground level.
16.35 k. If required Class II bicycle parking is not clearly visible to bicyclists approaching from adjacent public roadways or paths, signs shall indicate the locations of the facilities on the exterior of the building at each major entrance and in other appropriate locations. Where necessary, additional directional signage to the bicycle parking area shall be provided.
56. Variation to Requirements.
a. Substitution of Car Parking with Bike Parking. New and preexisting developments may reduce up to ten percent of their parking requirement with the provision of unrequired additional bike parking, as long as the spaces are conveniently located within 40 feet of a building entrance near the entrance. This parking reduction must yield at least six bike parking spaces per converted auto space. These bike parking spaces shall be in addition to the bike parking facilities required by Section 24.12.250, and provided in the same ratio of Class 1 and Class 2. The total available parking reduction granted shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete planning application is submitted.
b. Where the provision of bike parking is physically not feasible the requirements may be waived or reduced to a feasible level by the zoning administrator in accordance with city bike parking standards for existing buildings.
c. Downtown Parking District- All nonresidential uses. Businesses and developments within Parking District No 1 are not required to provide Class 2 bicycle parking on site if adequate on-site space is not available, as determined by the Planning Director. The city shall permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the Director of Public Works.
24.12.280 DESIGN REQUIREMENTS.
1. Driveway Design Standards.
a. Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A-District or R-District shall be provided with a clear vision area and parking facilities which are located adjacent to two intersecting streets shall include a clear corner triangle as defined in this title. These areas shall be maintained in conformance with Section 13.30.110.
b. The total clear space to accommodate a vehicle in driveways and private parking areas used as private parking facilities for single-family residential uses shall not be smaller than the dimensions of required on-site parking spaces.
16.36 c. Driveways shall be designed to conform with existing contours to the maximum extent feasible.
d. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight in clear vision areas and clear corner triangles. e. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:
* Back edge of standard city driveway.
** All percentages are measured from the edge of standard city driveway. f. Driveways and approaches shall comply with the applicable standards set forth in Chapter 15.20.
2. Parking Facility Layout. The diagrams entitled “Sample Parking Designs and Standards,” included at the end of this chapter, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only and these standards may be varied with supportive documentation of acceptable circulation by a California-licensed civil engineer.
a. Each standard-size parking space shall be either:
(1) nNot less than nineteen feet in length by eight and one-half feet in width; or (2) Included in a mechanical parking lift.
b. Each compact parking space shall be either:
(1) not less than sixteen feet in length by seven and one-half feet in width; or (2) Included in a mechanical parking lift.
c. Applications including mechanical parking lifts or stacked parking shall demonstrate how individual users can effectively access vehicles. Unless utilizing Section 20.290.2.f, parking lifts and stacked parking are not permitted except:
i. within enclosed parking garages in any location or
ii. within parking structures included with commercial and mixed-use development in Parking District 1.
16.37 Iii. In no case shall parking lifts be installed in a surface parking lot or in any other location that is open to the sky including the roof of a parking structure.
3. Access to Spaces or Facilities.
a. Access to parking facilities shall not be less than twenty feet in width; except as follows:
(1) Access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width, except as provided in subsection (1), Driveway Design Standards, for private facilities for single-family homes. (2) Access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.
(3) Where separate one-way drive aisles are proposed, each shall be not less than ten feet in width.
(4) The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings:
i. That the width is necessary to preserve the open-space character of the area;
ii. That the width contributes to the compatible use of open-space lands.
(5) The public works department, planning and community development department, and/or the fire department may approve designs that vary from the above standards based on the individual circumstances of a parcel or use. b. Backing Out.
(1) General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley. (2) Exceptions. Parking facilities for single-family dwellings and duplexes not located on a highway or major or minor arterial, as shown on the General Plan Land Use Map, may provide for backing into the street. Parking facilities for three-family dwelling or triplex or four-family dwelling or fourplex may be designed to back out onto a street only if the street is not an arterial or collector street.
16.38 (3) Dimensions. Public and private parking facilities shall provide at least twenty-four feet of clear area behind parking spaces for backing-out and turning movements when ninety-degree parking spaces are used, at least fifteen feet when forty-five-degree parking is used, and at least eighteen feet when sixty degree parking is used. In unique situations, a California-licensed civil engineer may demonstrate with a turning diagram that this dimension can be reduced and still provide adequate on-site circulation for standard sized vehicles.
Reductions in back-out area are subject to review and approval by the planning director or designee in consultation with the director of public works or designee.
4. Tandem Spaces or Parking Lifts in Residential Development. a. Required pParking spaces for residential uses may be provided in a tandem arrangement no more than three parking spaces deep. No parking space may be in tandem with a parking space for a separate dwelling unit except as allowed for accessory dwelling units.
b. Parking spaces for residential uses may be provided in parking lifts. In multi-family residential uses, each household must have independent access to their vehicles at any time without requiring the involvement of any other household. c. Residential parking arrangements relying on valet service may exceed either of the above thresholds by demonstrating that residents are able to access any of their vehicles at any time.
5. Border Barricades. Every parking facility containing angled or ninety-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb, or barrier shall be securely installed and maintained.
6. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or one and one-half inches of asphalt overlying four inches of base rock; except:
a. Temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the director of public works; b. Driveways and parking pads for single-family residences may be surfaced with four inches of concrete or other approved material;
16.39 c. Parking facilities approved by the zoning administrator or planning commission for a different parking surface;
d. All off-street parking facilities shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.
7. Marking. Parking spaces within a facility shall be clearly marked and delineated. For nonresidential uses, wheel stops or curbing may be required.
8. Lighting. Lighting shall be directed onto the subject property only and shielded so that the light source is not visible from adjacent properties or streets.
9. Landscaping and Screening.
a. General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design. (1) Every commercial parking facility abutting property either located in RDistricts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use. Screening devices may not exceed the standards set forth in Section 13.30.110.
(2) Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing, or other permanent landscape feature including fencing, gravel, or rigid landscape edging. Parking facilities that incorporate landscaped storm water treatment or retention areas in conformance with adopted city best management practices for low impact development shall be exempt from this requirement adjacent to those areas used for treatment or retention. b. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments. Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and
16.40 quality to adequately screen and soften the effect of the parking area, within the first year.
24.12.290 VARIATIONS TO REQUIREMENTS.
The off-street parking requirements of this part may be satisfied or modified in the following ways:
1. Parking District Number 1. If the property being occupied or proposed to be occupied is in Parking District Number 1 and requires a number of parking spaces greater than the existing use, and not otherwise accommodated on the site, the downtown commission shall review the project and advise the decision-making body as to whether the parking district is capable of providing adequate parking for the new use and existing uses in the vicinity.
2. Variations to Design Requirements. Outside of Parking District Number 1, a A variation to the design standards may be approved by the zoning administrator as part of an administrative use permit to supersede the design requirements contained in this section if a finding can be made that the purpose of this section is met and the following standards are met, as applicable:
a) Parking must be able to properly function, allowing for convenient maneuvering, and compatible relationship to adjacent uses.
b) All parking stalls shall be marked.
c) The parking arrangement shall not create safety problems for persons parking in or traversing the parking area.
d) Any valet parking program must operate full-time during established business or operating hours (if applicable).
e) Any off-site parking program, for any amount of the required number of parking spaces either:
i. Is within a quarter-mile radius from the subject site; or ii. Includes a permanent and effective means of transporting employees or patrons from the parking parcel(s) to the subject site. i. Parking lifts or stacked parking within parking structures shall demonstrate how individual users can effectively access vehicles. Parking lifts and stacked parking are not permitted except within enclosed parking structures. f) Any alternative design involving parking lifts shall demonstrate that the cars and lifts are both obscured from view from neighboring properties and public roadways, and compliant with Municipal Code Section 24.14.260 Noise.
2. Reductions to Number of Required Parking Spaces. Unless otherwise expressly stated in this section, the total number of r Required parking spaces may be reduced up to thirtyfive percent (with fractional spaces to be rounded up to the next whole number) by the zoning administrator as part of an administrative use permit. This may be done using one or more of the following strategies, or an approved equivalent, subject to any standards contained herein. Reductions are available for automobile parking only, and these reductions are independent of any bicycle parking required in compliance with
16.41 24.12.250. The available reduction for each strategy shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete application is submitted:
a. On-Site Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same or adjoining parcels may be reduced if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week and/or if their hours of operation do not coincide.
At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility.
b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:
i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review; ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;
iii. Submit a signage program to notify users at all location(s) of shared parking facilities;
iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.
v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (b)(2) unless otherwise modified by the zoning administrator.
a. Nonautomobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/car pool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation. b. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section 24.12.250(5). This reduction strategy, in and of itself, will not require an administrative use permit.
c. Unbundled Parking. Residential development and the residential portion of mixeduse development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on16.42 street parking on all roadways within a five-hundred-foot minimum walking distance from the pedestrian entrances to the building or site.
d. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.
3. Parking Requirements for Nonconforming Structures or Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category, or otherwise increased in capacity, offstreet parking shall be required only for that portion of structures or use constituting the increase in capacity; except that:
a. No additional parking need be provided for nonresidential uses if the increased capacity results in an increase of four or fewer required parking spaces; and b. No additional parking shall be required for residential uses if the increased capacity results in an increase of no more than one required parking space.
4. Reduction of Parking Requirements for Historic Building Survey Buildings and Landmarks, and on Lots with Contributing Buildings within an Historic District. The normal parking requirement for (a) use(s) in a building that is listed on the historic building survey, or a landmark, may be modified in order to maintain the value of the listing or designation in accord with Section 24.12.445. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties. , findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.
24.12.1030 COMMON FACILITIES.
1. SRO projects shall have at least ten square feet of common usable open space per unit however no SRO project shall provide less than two hundred square feet of common outdoor open space and two hundred square feet of common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.
16.43 2. Common Open Spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor spaces may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s).
Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).
3. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than twenty units at the ratio of one washer and one dryer for every additional twenty units.
4. Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.
5. Complete common cooking facilities/kitchens must be provided if any unit within the project does not have a kitchen. One complete cooking facility/kitchen shall be provided within the project for every twenty units or portion thereof or have one kitchen on any floor where units without kitchens are located.
6. All SRO units must have access to a separate usable storage space within the project.
7. With the exception of projects that allow only senior residents, projects that have less than one automobile parking space per unit shall provide one easily accessible space for storing and locking a bicycle per unit. For projects that provide one parking space per unit, at least one bicycle storage space for every two units shall be provided.
24.12.1520 DEVELOPMENT STANDARDS.
1. Density. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to FDU units.
2. Unit Size. The floor area of FDU units may range from a minimum of two hundred twenty square feet to a maximum of six hundred fifty square feet.
3. Minimum Dwelling Units Requirement. Residential or mixed-use projects shall contain at least three dwelling units to qualify for use of the FDU unit type. FDU units can count towards this requirement.
16.44 4. Open Space. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum open space per dwelling unit shall not apply to FDU units. In lieu of the district regulations for open space, minimum usable open space per dwelling unit for FDU units shall be defined by Section
24.12.1530.
5. Storage Facilities. All FDU units shall have access to private usable storage space containing a minimum of two hundred cubic feet. The required storage space may be incorporated into private garages or carports; provided, that the garage or carport has adequate space for a vehicle, as required by Part 3, Chapter 24.12.
6. Bicycle Parking. One Class 1 bicycle storage facility shall be provided for each FDU unit. The required private usable storage space provided for each FDU unit may be utilized to meet this requirement.
67. Covered Parking. Covered parking is not required.
78. Zoning. In addition to the permitted land use districts in Chapter 24.10, FDUs shall be permitted in the Central Business District (CBD) pursuant to the development standards and design guidelines section of the Downtown Plan.
24.12.1620 DEVELOPMENT STANDARDS.
Emergency shelters shall comply with the underlying development standards of the zoning district in which they are located. In addition, the following standards shall be met:
1. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
2. Security. Facility shall have city accepted on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
3. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.
4. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with the requirements of the public works department.
16.45 5. Emergency Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements:
a. Temporary shelter shall be available to residents for no more than six months. b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
c. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, police and other appropriate departments prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning and community department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
6. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
7. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
8. Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per three occupants.
9. Bed Space. The number of beds or persons permitted to be served by the facility will be limited by the standards set forth in this section and other applicable sections of the zoning and building codes.
10. Laundry facilities shall be provided for shelters with ten or more beds.
Chapter 24.22 DEFINITIONS
24.22.530 Major Transit Stop
16.46 Major Transit Stop shall have the meaning set forth in California Public Resources Code section 21155
24.22.598 Parking Lift
Any electronic, hydraulic, or mechanical device used for the vertical stacking and storage of automobiles.
16.47 Half-Mile Buffer from Major Transit Stops
Railroads
Transportation
State Highway
Highway Ramp
Major Road
Road
City Limit
San Lorenzo River
Lakes/Harbor
Streams
Parks
Coastal Zone Boundary
March 10, 2023
0 0.5 1 2 mi
0 0.75 1.5 3 km
1:60,488
Buffer on Existing Major Transit Stop City of Santa Cruz Buffer on Future Major Transit Stop 16.48
Attachment: Text of AB 2097
1 AB-2097 Residential, commercial, or other development types:
parking requirements.(2021-2022)
SECTION 1.
Section 65585 of the Government Code is amended to read:
65585.
(a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
16.49 Attachment: Text of AB 2097
2 (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915). 65915.)
16.50 Attachment: Text of AB 2097
3 (4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65400. 65863.2.
(12) Section 65863.2.
(13) Chapter 4.1 (commencing with Section 65912.100).
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3).
In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to
16.51 Attachment: Text of AB 2097
4 the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
16.52 Attachment: Text of AB 2097
5 (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
SEC. 1.1.
Section 65585 of the Government Code is amended to read:
65585.
(a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
16.53 Attachment: Text of AB 2097
6 (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
16.54 Attachment: Text of AB 2097
7 (2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915).
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65400. 65863.2.
(12) Section 65863.2.
(13) (12) Chapter 4.1 (commencing with Section 65912.100). (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed
16.55 Attachment: Text of AB 2097
8 one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3).
In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
16.56 Attachment: Text of AB 2097
9 (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
SEC. 1.2.
Section 65585 of the Government Code is amended to read:
65585.
(a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
16.57 Attachment: Text of AB 2097
10 (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or
16.58 Attachment: Text of AB 2097
11 failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915).
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65400.
(12) Section 65863.2.
(13) Chapter 4.1 (commencing with Section 65912.100).
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the
16.59 Attachment: Text of AB 2097
12 jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3).
In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and
16.60 Attachment: Text of AB 2097
13 county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
SEC. 1.3.
Section 65585 of the Government Code is amended to read:
65585.
(a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at
16.61 Attachment: Text of AB 2097
14 least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
16.62 Attachment: Text of AB 2097
15 (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915).
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Section 65400.
(12) Section 65863.2.
(13) Chapter 4.1 (commencing with Section 65912.100). 65912.100) (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
16.63 Attachment: Text of AB 2097
16 (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3).
In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
16.64 Attachment: Text of AB 2097
17 (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
SEC. 2.
Section 65863.2 is added to the Government Code, to read:
65863.2.
(a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.
(b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households. (2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
(3) Existing residential or commercial parking within one-half mile of the housing development project.
(c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
16.65 Attachment: Text of AB 2097
18 (1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities. (2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law.
(d) Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers.
(e) For purposes of this section:
(1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(2) “Low- and very low income households” means the same as “lower income households” as defined in Section 50079.5 of the Health and Safety Code.
(3) “Moderate-income households” means the same as “persons and families of moderate income,” as defined in Section 50093 of the Health and Safety Code. (4) “Public agency” means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision. (5) “Public transit” means a major transit stop as defined in Section 21155 of the Public Resources Code.
(6) “Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. (f) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.
(g) When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or require parking owners to charge for parking. A public agency may not require that voluntarily provided parking is provided to residents free of charge. (h) (1) Subdivision (a) shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. This subdivision shall apply to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements. (2) A project may voluntarily build additional parking that is not shared with the public.
16.66 Attachment: Text of AB 2097
19 (i) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.
SEC. 3.
The Legislature finds and declares that to lower the cost of housing production by reducing unnecessary parking requirements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 65863.2 to the Government Code applies to all cities, including charter cities.
SEC. 4.
(a) Section 1.1 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2011. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, and (3) Assembly Bill 2653 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2011, in which case Sections 1,
1.2, and 1.3 of this bill shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2653. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, (3) Assembly Bill 2011 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2653 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c) Section 1.3 of this bill incorporates amendments to Section 65585 of the Government Code proposed by this bill, Assembly Bill 2011, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 2011 and Assembly Bill 2653, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
16.67 PLANNING COMMISSION
AGENDA REPORT
DATE: March 3, 2023
AGENDA OF: March 16, 2023
DEPARTMENT: Public Works and Planning & Community Development ITEM NO: Municipal Code Amendments to Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking (PL) and Bicycle Parking Regulations (PW), Including Updates to the Local Coastal Program Implementation Plan
LOCATION: Citywide
CEQA
DETERMINATION:
No further analysis required per Section 15183.
APPLICANT: City of Santa Cruz
RECOMMENDATION: That the Planning Commission recommend that the City Council approve Amendment to Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards, and add new definitions, including recommending that the Council approve the associated updates to the Local Coastal Program Implementation Plan.
BACKGROUND: The bicycle parking regulations in the Municipal Code regulate the quantity and type of bicycle parking provided in different development types. Many of the existing bicycle parking requirements are calculated as a percentage of required automobile parking. With the passage of multiple state laws that eliminate parking requirements in many areas and development types, staff proposes updating the bicycle parking requirements to eliminate automobile parking as the metric for calculations, instead relying on square footage measurements as the basis of the requirements. This ensures that developments that do not provide auto parking will still provide bicycle parking.
Further, this ordinance proposes language that will integrate and build on the new requirements of Assembly Bill 2097, which eliminate most parking requirements within ½ mile of Major Transit Stops, as defined, which includes both existing and planned Major Transit Stops. These changes also trigger needed updates in cross-referenced sections and other cleanups that connect to bike
16.68 4.1
2 parking requirements and reductions, to parking requirements and standards, and also to related definitions. Lastly, the City’s standards relating to mechanical parking lifts are included for revision and updating.
DISCUSSION:
Bicycle Parking
Many of the existing bicycle parking regulations in the municipal code use the required number of car parking spaces as the metric to calculate required bicycle parking. With various state laws now exempting various project types from parking requirements, this means that the current code would also not require bicycle parking. Because of this, staff recommends updating the municipal code to use a different metric to calculate bicycle parking requirements.
After a review of other similar cities, staff recommends using square footage as the metric to calculate bicycle parking requirements. As part of this update, staff recommends updating the land use categories to provide additional clarity on requirements. This includes stating the bicycle parking requirements for Parking District No 1 within the table in 24.12.250 (2). Where bicycle parking requirements were stated in other areas of the municipal code, these were also brought in to the table in 24.12.250 (2).
As part of this update, staff also sought to strengthen the objective standards related to bicycle parking requirements and update the code to current practices. This included a new requirement for spaces sized for cargo bikes, requirements for fix-it stations in larger developments, clarity on location and design of facilities, and clarity on substitution of bike parking for car parking.
AB 2097: Eliminating Parking Minimums
In 2022, the Governor signed AB 2097 into law, eliminating required parking for residential, commercial, and industrial uses located within ½ mile of Major Transit Stops. The full text of the bill is included as an attachment. Parking for automobiles occupies space that could otherwise be used for residential or commercial uses and is a significant expense for development and a contributor to high costs of construction. Recent estimates put the cost of a parking space in a surface lot around $20,000 and a space in a garage at closer to $50,000. Underground spaces are the most expensive – up to $80,000 per space. When required parking exceeds market demand, these costs are passed on to commercial and residential tenants of the buildings and raise rents without increasing utility for the end users. By eliminating parking requirements where regular, reliable transit service is available, the state legislature is seeking to support a transition away from the automobile as a primary driver of urban design decisions by allowing developers to decide how much parking will be necessary to function in the current marketplace.
The recently-adopted Climate Action Plan (CAP) also includes several actions relating to elimination of off-street parking requirements as part of the Measure to discourage driving singleoccupancy vehicles.
Specifically, the CAP includes the following Actions:
T3.4 Off-Street Parking Requirements Reduce off-street parking requirements for new housing developments close to frequent transit service, with sensitivity to low-income neighborhoods whose parking is already constrained.
16.69 4.2
3 T3.5 Limit Single-Passenger Vehicle Parking Consider limiting parking options for singlepassenger vehicles in downtown and other commercial areas of the city balanced with needs of sustaining downtown employees, businesses and tourists. T3.7 Parking Maximums After implementing action T3.4, eliminate parking minimums citywide and develop parking maximums, while pricing all public parking spaces based on available transportation options, travel demand, and land use.
Cities across the country have been eliminating parking in some or all of their neighborhoods for several years now, so data regarding performance of these policies is now available for review.
Buffalo, NY eliminated parking for most development in 2017. A study conducted in 2020 found that most of the new developments are still providing parking but at a lower rate: new development between 2017 and 2019 provided 53% fewer parking spaces than had previously been required.
Other cities report similar trends, though formal data is not available – in most locations developers are still choosing to provide some amount of parking. The exception is development in downtown areas or immediately adjacent to multiple transit options, in a Transit Oriented Development context, where some developers choose to provide no off-street parking.
While the state law provides allowances to continue to require parking in certain limited circumstances, staff is recommending that Santa Cruz take the approach of many other California Cities including Berkeley, San Francisco, San Jose, Santa Monica, and Downtown LA, and eliminate all parking requirements for most new development within the half-mile radius of Major Transit Stops. The state law allows the City to continue to require parking minimums for hotel and motel uses (recommended ordinance language includes all lodging uses), and these allowances have been incorporated. The areas of the City where these standards would apply are shown in the attached Map of Major Transit Stops.
The proposed ordinance goes beyond the state law in a few different ways. First, the state law allows an exception from the elimination of required parking when local jurisdictions can make findings that failing to require parking would negatively impact any of the following:
1. The city’s ability to meet its RHNA for low- and very low-income households.
2. The city’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
3. Existing residential or commercial parking within one-half mile of the housing development project.
The bill goes on to then limit these findings, ensuring that they do not apply to housing with a minimum of 20% of the units dedicated as affordable housing, or to projects with 20 housing units or fewer, or in a case where other provisions of state law, such as the Density Bonus Law and others, allow for parking reductions. The proposed ordinance amendments address these complications by moving to exceed the requirements of the law and simply eliminates all parking requirements (other than for lodging uses) within one half-mile of a Major Transit Stop.
Second, though the state law allows for cities to apply parking requirements for the employees and other workers (not customers) at “event centers,” the proposed ordinance does not include any language to addressing this. The term is not defined in the state law and the City does not currently identify “event center” as a unique use in the municipal code requiring a specified amount of parking. Locally, the most prominent facility that could reasonably be identified as an event center
16.70 4.3
4 would be the arena for the Santa Cruz Warriors. This facility will be regulated through the Downtown Plan amendments that are currently under development and could be required to provide some parking resources for their staff and workers through the forthcoming amendments to the Downtown Plan and municipal code that will create new development standards for the South of Laurel neighborhood. The discussion about the correct amount of employee and worker parking for the Warriors Arena is better suited to that other, ongoing, planning process rather than the expedited ordinance amendment currently proposed for adoption.
Third, the state law contains language that could allow a jurisdiction to continue to require both the number of electric vehicle supply equipment installed parking spaces (EV spaces) and the number of parking spaces that are accessible to persons with disabilities (ADA spaces) as would otherwise have been required had the state law not superseded. As currently drafted, the proposed ordinance does not require EV or ADA spaces in projects that elect to build no off-street parking.
State, Federal, and/or local laws regulate provision of these spaces where parking facilities are built, so any development proposal that includes any parking at all will also include EV spaces and ADA spaces. As discussed above, in most locations where parking minimums have been eliminated, new development has continued to provide some parking, so EV spaces and ADA spaces will be required in any new parking facility in the same ratios as currently required. Further, on-street parking spaces can be reserved for cars displaying disabled parking placards through a request to the City’s Public Works Department.
One final distinction between the proposed code and the State code is how the half-mile from a major transit stop is measured. The State code calls for three-quarters (3/4) of the site to be within a half mile radius, while staff is proposing that sites qualify if any portion of the site is within a half mile radius. This simplifies the implementation of the code, makes it more clear for the public, and expands the number of sites that are eligible for the parking reduction, which is in line with City goals for reducing automobile use.
By removing all off-street parking requirements for development within one half mile of a major transit stop, Santa Cruz is making site-planning easier for all types of new development – both housing and commercial. In areas in or very close to our downtown, some development proposals that provide zero off-street parking will likely be proposed. As a result, they are able to have more flexibility in their site planning, allowing for additional housing, open space amenities, r improved bike parking, or an enhanced transit stop at the frontage. Outside the downtown area, as has happened in other cities, some parking will likely be provided based on market demand. One local example of this is the 831 Water Street proposal, which was not required to provide any parking based on provisions of the state Density Bonus Law, but the developer still opted to provide over eighty parking spaces for 140 units of housing. Removing the required parking minimum allows a developer to choose whether to provide parking and, if they choose to do so, to right-size the number of parking spaces needed for the project based on its context and target demographic.
When fewer parking stalls are built, the project experiences a lower per-unit cost of development. . As soon as off-street parking is provided, state regulations for ADA and EV spaces kick in and make sure those needs are addressed.
Parking Lifts
Up until 2020, the Parking Ordinance was silent on whether parking lifts were an allowable means of meeting the parking requirement. Some projects that included lifts were approved with a parking variation included as part of a Planned Development Permit. In 2020, the Parking Ordinance was
16.71 4.4
5 amended to allow parking lifts to be approved as a parking variation as part of an Administrative Use Permit Process. That code amendment prohibited lifts in Parking District No 1 (covering much of Downtown) and provided little guidance in terms of performance standards for these facilities.
The proposed updates eliminate the Downtown prohibition and expand the details for how parking lifts may be utilized, making them available for both residential and commercial valet parking facilities or for private parking garages outside the downtown.
Definitions for new Terms
New definitions were added to define Major Transit Stop and Parking Lift.
COASTAL ACT AND LOCAL COASTAL PROGRAM CONSISTENCY ANALYSIS The proposed amendments to bike parking triggers are consistent with the implementation of LCP policy C 3.5 and will make no change to the manner in which Coastal Development Permits are processed or affect any of the existing policies regulating development within the Coastal Zone.
The text of Policy C3.5 reads as follows:
Revise the Zoning Ordinance and parking district requirements to require secure, covered bicycle parking and/or storage lockers at private and public facilities including but not limited to multi-family developments (10+ units), employment centers with over 50 employees, schools, park and ride lots, recreational areas, mass transit centers, bus stops, and movie theaters. Provide design guidelines for safe and secure bicycle parking and promote bicycle access for special events.
The proposed ordinance amendments responding to AB 2097 and eliminating requirements for car parking are substantially required under the state law, and this legislation makes no concessions to limit applicability within the Coastal Zone; the legislation supersedes all our local regulations, inclusive of the LCP and LCP Implementation Plan.
The City’s LCP encourages supporting alternative modes of transportation to access the shoreline in policy C5.6, and the Coastal Act also addresses the issue area of Shoreline access with a focus on “developing alternative transportation systems for access to shoreline areas...” Reducing access to parking, as the proposed ordinance does, is one effective method of supporting alternative transportation systems by increasing costs and challenges associated with automobile trips. The text of policy C5.6 reads as follows:
Develop a Visitor/Coastal Access plan consistent with circulation planning goals and promoting alternative transportation modes, to provide convenient and clear access into and out of major destination areas, reduce conflicts with residential traffic and make Santa Cruz an “inviting” place to visit.
By opting to continue to require parking at the existing rate for lodging uses, the City is addressing the needs of visitors from other parts of the state who may be arriving into Santa Cruz by car and require parking facilities, preserving their access to the coastal environment.
COMMUNITY OUTREACH:
Because the primary basis of this amendment is a change in state law which has already taken effect, minimal public outreach was conducted in advance of this meeting. The processing of this amendment is urgent to ensure that incoming development proposals continue to incorporate required bicycle parking, despite the fact that the State law eliminating required auto parking has
16.72 4.5
6 already taken effect. As noted above, absent this ordinance, most bike parking requirements cannot be applied under the current code, given the change in State law.
Staff has posted a webpage for this ordinance inviting public comments and will leave this page up and open for comments in the lead up to the City Council meeting in April. This webpage was publicized via email to community members signed up for policy updates, and as part of the City Manager’s weekly report the week of March 6.
NEXT STEPS:
If recommended by the Planning Commission, this item will be scheduled for a hearing with the City Council in April. Two readings are required, and if approved by the City Council, the ordinance would become effective outside the Coastal Zone 30 days after the final approval by the City Council. Because portions of the proposed ordinance are part of the Local Coastal Program Implementation Plan, Coastal Commission approval will be required prior to the ordinance taking effect inside the Coastal Zone. Planning Staff will submit the ordinance to the Coastal Commission for review following final approval by the City Council.
HEALTH IN ALL POLICIES. In 2019, the City adopted a Health in All Policies strategy in order to eliminate inequities in health and well-being and attain equity for all residents. The proposed revisions to the bicycle parking and automobile parking requirements support the City’s Health in All Policies strategy as the intent of the revisions is to provide bicycle parking in all development and to promote active transit and public transit use through a reduction in easy access to automobile parking.
ENVIRONMENTAL REVIEW.
The zoning code amendment falls within the analyzed development potential in the City’s existing 2030 General Plan EIR using the existing zoning and General Plan and, therefore, pursuant to Section 15183 of the California Environmental Quality Act Guidelines, no further environmental review under the California Environmental Quality Act (CEQA) is required. Additionally, the availability of parking is not an impact on the natural environment that is regulated under CEQA, as has been determined by both changes to CEQA and by multiple court cases in recent years.
Submitted by:
Claire Gallogly, AICP
Transportation Planner
Sarah Neuse
Senior Planner
Approved by:
Lee Butler, AICP
Planning Director
Attachments:
1. Proposed Ordinance, Strikeout/Underline
2. AB 2097 text
3. Map of Major Transit Stops with half-mile buffer
16.73 4.6
CITY OF SANTA CRUZ
City Hall
809 Center Street
Santa Cruz, California 95060
PLANNING COMMISSION
ACTION SUMMARY
Regular Meeting
March 16, 2023
7:00 P.M. GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, COUNCIL CHAMBERS Call to Order-The meeting was called to order at 7:00 p.m.
Roll Call-Commissioners Conway, Dawson, Gordon, Maxwell, Polhamus, and Kennedy were present.
Absent w/notification-None.
Statements of Disqualification-None.
Oral Communications-None.
Consent Agenda
1. Approval of the Minutes of February 16, 2023
2. Approval of the Minutes of February 23, 2023.
3. Approval of the Minutes of March 2, 2023.
Commissioner Conway requested the Minutes of March 2, 2023 by pulled from the consent agenda for discussion.
MOTION: Motion made by Commissioner Dawson, seconded by Commissioner Polhamus, to approve the Minutes of February 16, 2023 and the Minutes of February 23, 2023 as presented, and approve the Minutes of March 3, 2023 with an amendment to the motion on item 5 to include the following language: __________
16.74 ACTION: Motion passed by the following vote:
AYES: Conway, Dawson, Gordon, Maxwell, Polhamus, and Kennedy NOES: None
ABSTAIN: Maxwell
Public Hearings
4. Municipal Code Amendments to Title 24 - Zoning Ordinance Chapters 24.12 and Chapter
24.22: Parking (PL) and Bicycle Parking Regulations (PW), Including Updates to the Local Coastal Program Implementation Plan
MOTION: Motion made by Commissioner Conway, seconded by Commissioner Polhamus, to recommend that the City Council approve Amendment to Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards, and add new definitions, including recommending that the Council approve the associated updates to the Local Coastal Program Implementation Plan.
ACTION: The motion passed by the following vote:
AYES: Conway, Dawson, Gordon, Maxwell, Polhamus, and Kennedy NOES: None.
Information ItemsSubcommittee/Advisory Body Oral ReportsAdjournment-The meeting adjourned at 8:19 p.m.
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16.79 1
Rosemary Balsley
From: Joanna Edmonds
Sent: Monday, April 10, 2023 12:49 PM
To: Bonnie Bush; Rosemary Balsley
Cc: Sarah Neuse
Subject: Comments regarding Bike Parking Code Updates on 4/11 Council Agenda Hi Bonnie and Rosemary,
Here is an email we received regarding the Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22 item on tomorrow’s City Council agenda.
Thanks,
Joanna
Joanna Edmonds
pronouns: she/her/hers
Transportation Coordinator
City of Santa Cruz
(831) 420-5187
[email protected]
www.cityofsantacruz.com
www.facebook.com/GOSantaCruzCounty
From: [email protected] <[email protected]>
Sent: Wednesday, April 05, 2023 12:55 PM
Subject: Re: FW: Bike Parking Code Updates
Tommy,
I think these standards are thorough and appropriate. My apologies for my late reply.
Matt
16.80 2
On 2023-03-10 22:27, Thomas Travers wrote:
Sharing with BAC members Richard (who brought up this issue several months ago) and Matt and Grace (who represent the city). If you guys like the language then BAC members representing the other jurisdictions might want to share it with the county and the other cities.
Tommy
From: Claire Gallogly <[email protected]>
Sent: Friday, March 10, 2023 12:45 PM
Subject: Bike Parking Code Updates
Hello my cycling friendsAs many of you know, the state passed AB2097 last year that eliminates parking requirements near transit. The unintended consequence of this is that many of our existing bike parking requirements are calculated as a ratio of required car parking. This means that unless we change our code, projects in high quality transit areas that can eliminate car parking would not be required to provide bike parking. Obviously, we want to remedy this. We've drafted proposed changes to the code that are moving through the process.
The proposed amendments will ensure that bike parking is still required for new development and will still allow development to include car parking at the applicant's discretion. Also included in the proposal are technical updates relating to mechanical parking lift requirements and definitions of terms.
These proposed amendments are anticipated to be presented at the upcoming Planning Commission meeting on March 16th and the City Council meeting on April 11th.
Staff welcomes feedback on these proposed amendments, and comments received will be considered leading up to the Planning Commission and City Council meetings. Details of the amendments are posted on the Planning Department's Ordinance and Policy Updates webpage: https://www.cityofsantacruz.com/government/city‐departments/planning‐and‐ community‐development/long‐range‐policy‐planning/ordinance‐policy‐updates. Click the link titled "Bike Parking and AB 2097." Please contact Senior Planner Sarah Neuse for questions and comments at [email protected] or 831-420-5092 and please copy me.
16.81 3
Let me know if you have questions or would like to discuss. We'd love support and help spreading the word.
Thanks,
Claire
16.82 City Council
AGENDA REPORT
DATE: 03/23/2023
AGENDA OF: 04/11/2023
DEPARTMENT: City Clerk
SUBJECT: Planning Commission Appointment (CC)
RECOMMENDATION: Motion to appoint one member to the Planning Commission, with a term ending January 31, 2026.
BACKGROUND: Due to a resignation, there is an at-large vacancy on the Planning Commission. The appointee will finish up the previous member's term and will be eligible for reappointment.
DISCUSSION: The following people are seeking appointment:
Detlef Adam
Ayo Banjo
Michael Funari
Hector Marin
Kenneth Matlin
John McKelvey
Chad Mitcham
Daniel Nelson
Charles Prograce
Joy Schendledecker
William Schultz
Boden Shargel
Rafa Sonnenfeld
Joe Thompson
FISCAL IMPACT: None.
Prepared By:
Bonnie Bush
City Clerk
Submitted By:
Laura Schmidt
Assistant City Manager
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. APPLICATIONS
17.1 17.2
17.3 Please note: This application is considered a public document, and will be available for release upon request.
CITY OF SANTA CRUZ APPLICATION FOR APPOINTMENT TO ADVISORY BODIES Applications will be considered active for two years from date of submission.
NAME* DATE
RESIDENCE ADDRESS* CITY ZIP
EMAIL* HOME # CELL #
EMPLOYER OCCUPATION
REGISTERED CITY VOTER? Yes No YEARS LIVED IN CITY LIMITS OF SANTA CRUZ EMPLOYED BY CITY OF SANTA CRUZ? Yes No PRESENTLY SERVING ON ADVISORY BODY?** Yes No PERSONAL REFERENCE or ENDORSING
COUNCILMEMBER (optional) PHONE
*required fields.
ADVISORY BODIES
If you are applying for more than one advisory body, please rank your preferences numerically with #1 as your first choice.
Arts Commission* Historic Preservation Commission*
Board of Building Appeals* Parks and Recreation Commission* Children’s Fund Oversight Committee Planning Commission*
Commission for the Prevention of Violence
Against Women* Sister Cities Committee
Downtown Commission* Transportation and Public Works Commission* Equal Employment Opportunity Committee Water Commission* Other Advisory Body, or if you are applying for a specialized category, please indicate:
Advisory Body Category
* A Statement of Economic Interest must be filed after appointment by those appointed to the advisory bodies marked with an asterisk (*). The statement includes, but is not limited to, disclosure of financial, business and real property interests held by the appointee (and spouse) in the City of Santa Cruz or within 2 miles of the jurisdiction of the City of Santa Cruz. ** Council Policy 5.1 states that members shall not serve simultaneously on more than one advisory body. If you are presently serving on (or are appointed to) an advisory body, your application to serve on a second advisory body will be forwarded to the Council for consideration only if you indicate that you are willing to resign from the first advisory body. If you are appointed to serve on an advisory body, you may also be eligible to serve on another advisory body or task force if it is scheduled to sunset within 13 months.
SIGN AND RETURN TO CITY CLERK’S DEPARTMENT
By Email [email protected]
By Mail/In Person: 809 Center Street, Room 9
Santa Cruz, CA 95060
Signature of Applicant Fax: 831-420-5031
● PLEASE USE THE REVERSE SIDE FOR ADDITIONAL INFORMATION ● 6 Sonja Brunner
1 X X
01/10/2023
X
Santa Cruz Black
Santa Cruz
Ayo Banjo
95060
Director of Programs
17.4 17.5
17.6 17.7
17.8 17.9
17.10 17.11
17.12 17.13
17.14 17.15
17.16 17.17
17.18 17.19
17.20 17.21
17.22 17.23
17.24 17.25
17.26 17.27
Please note: This application is considered a public document, and will be available for release upon request.
CITY OF SANTA CRUZ APPLICATION FOR APPOINTMENT TO ADVISORY BODIES Applications will be considered active for two years from date of submission.
NAME* DATE
RESIDENCE ADDRESS* CITY ZIP
EMAIL* HOME # CELL #
EMPLOYER OCCUPATION
REGISTERED CITY VOTER? Yes No YEARS LIVED IN CITY LIMITS OF SANTA CRUZ EMPLOYED BY CITY OF SANTA CRUZ? Yes No PRESENTLY SERVING ON ADVISORY BODY?** Yes No PERSONAL REFERENCE or ENDORSING
COUNCILMEMBER (optional) PHONE
*required fields.
ADVISORY BODIES
If you are applying for more than one advisory body, please rank your preferences numerically with #1 as your first choice.
Arts Commission* Historic Preservation Commission*
Board of Building Appeals* Parks and Recreation Commission* Children’s Fund Oversight Committee Planning Commission*
Commission for the Prevention of Violence
Against Women* Sister Cities Committee
Downtown Commission* Transportation and Public Works Commission* Equal Employment Opportunity Committee Water Commission* Other Advisory Body, or if you are applying for a specialized category, please indicate:
Advisory Body Category
* A Statement of Economic Interest must be filed after appointment by those appointed to the advisory bodies marked with an asterisk (*). The statement includes, but is not limited to, disclosure of financial, business and real property interests held by the appointee (and spouse) in the City of Santa Cruz or within 2 miles of the jurisdiction of the City of Santa Cruz. ** Council Policy 5.1 states that members shall not serve simultaneously on more than one advisory body. If you are presently serving on (or are appointed to) an advisory body, your application to serve on a second advisory body will be forwarded to the Council for consideration only if you indicate that you are willing to resign from the first advisory body. If you are appointed to serve on an advisory body, you may also be eligible to serve on another advisory body or task force if it is scheduled to sunset within 13 months.
SIGN AND RETURN TO CITY CLERK’S DEPARTMENT
By Email [email protected]
By Mail/In Person: 809 Center Street, Room 9
Santa Cruz, CA 95060
Signature of Applicant Fax: 831-420-5031
ɿ 3/($6( 86( 7+( 5(9(56( 6,'( )25 $'',7,21$/ ,1)250$7,21 ɿ 1 2
3 Joe Thompson 01/11/2022
Santa Cruz 95064
N/a Student
2 John Laird
✔ ✔
✔
17.28 17.29
Joe Thompson
| |
Experienced project manager in union, non-profit, government, and campaign environments with strong relationship-building skills. Thrives when working on a team and promotes positive and productive work environments while striving to achieve hard deadlines and goals. Remains calm and focused in challenging and high-stress roles.
EXPERIENCE
Gail Pellerin For Assembly 2022| Field Director | Santa Cruz & Santa Clara County Jun 2022 - Nov 2022 ● Organized teams of up to 45 volunteers for canvases, phonebanks, and actions to build name recognition and support across multiple counties.
● Led outreach to important stakeholders and elected officials in both counties. Experience and connections with Environmental Justice groups, Labor, and Democratic Clubs.
NWF Strategies| Sr. Campaign Intern | Primarily Remote Jan 2021 - September 2021 ● Built consensus on strategy among more than 150 members and coalition partners. ● Organized teams of up to 65 volunteers for canvases, phonebanks, and actions to build political power. ● Led outreach to LGBTQ+ groups and elected officials.
John Laesch For Mayor |Campaign Assistant | Aurora, IL Jan 2021 - April 2021 ● Managed social media accounts, messaging, email, and text fundraising. ● Co-Led opposition research and field operations leading up to GOTV. ● Led rapid response fact-checking of policy disputes, political attacks, and public-facing campaign documents. ● Provided debate preparation and coached candidate how to respond, attack, and stay calm under pressure. ● Managed call time and increased candidate fundraising, asks, and overall organization.
The Borgen Project| Political Affairs Intern| Remote Sep 2020 - Jan 2021 ● Lobbied congressional officials for poverty reduction efforts. ● Fundraised for the non-profit by sending out emails and letters. Top intern at the Borgen Project and helped coordinate between other interns and myself.
● Developed and honed in on relations to push talking points and crisis management. ● Built relationships with community groups in economic development, environment, and technology Starbucks| Shift Supervisor|Santa Cruz, CA Nov 2019 - Aug 2022 ● Successfully unionized the first Starbucks in California, working with my workers to make our workplace more democratic and better for the workers.
● Organized my coworkers and myself through team building, trust exercises, hangouts, one on ones, group meetings, phone calls, and building up leaders to help organize each other and other stores.
Education
University of California, Santa Cruz, Environmental Studies Major SKILLS
Leadership, Communication, ThruText & Spoke, Thru Talk, MailChimp, Action Network, Zoom, Microsoft Office, Google Workspace, Canvas, Slack, Website and Graphic Design.
17.30 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Sunday, April 09, 2023 9:44 PM
To: City Council
Subject: 4.11.23 Agenda Item # 17 Planning Commission Appointment
4.11.23 Agenda Item # 17 Planning Commission Appointment Dear Council,
While I don't have a recommendation to offer among the candidates, I would strongly urge not considering those who list their qualifications as anti-racist organizers, list their race as a qualification, list membership in narrowly focused political action organizations or if one when reading their application come across as social justice warriors of which I see several applications like that.
I don't think obvious bias and interests unrelated to planning have any place on the commission, even if nominated by a council member or even if they ran for public office and was a loser not preferred by the people who showed they have no public approval of their civic suitability.
Planning is mostly about community housing, business and amenities design and none of what I just mentioned are those qualities or are qualified experience.
Garrett Philipp - Westside
17.31 1
Rosemary Balsley
From: Peter Cook <[email protected]>
Sent: Monday, April 10, 2023 2:31 PM
To: City Council
Subject: Please John McKelvey or Bill Shultz for Planning Commission Dear City Council,
Please appoint John McKelvey or Bill Shultz to fill the seat being vacated by Mark Messiti‐Miller and please DO NOT appoint someone with ulterior political agenda and no building/planning/architectural knowledge.
Both John and Bill are extremely well qualified to serve on this commission with extensive knowledge of both planning and construction.
Sincerely,
17.32 1
Rosemary Balsley
From: Steve Marcusa <[email protected]>
Sent: Monday, April 10, 2023 2:41 PM
To: City Council
Subject: Planning Commission appointment
Dear Mayor Keeley and City Council Members:
I have reviewed the applications for the Planning Commission vacancy, and have one comment. This commission, unlike other city commissions, makes important, far reaching decisions that will impact our city for decades to come. I would ask you that whoever you appoint, that they have relevant education or experience, either in city planning, architecture, construction or affordable housing. It would appear to me that most of the applicants for this appointment do not have any important relevant education or experience.
Please choose one of the following applicants who DO have relevant education and/or experience:
John McKelvey
Kenneth Matlin
William Schultz
Respectfully submitted,
Steve Marcusa
17.33 1
Rosemary Balsley
From: Peter Cook <[email protected]>
Sent: Monday, April 10, 2023 2:43 PM
To: City Council
Subject: Please John McKelvey or Bill Shultz for Planning Commission Dear City Council,
Please appoint John McKelvey or Bill Shultz to fill the seat being vacated by Mark Messiti‐Miller and please DO NOT appoint someone with ulterior political agenda and no building/planning/architectural knowledge.
You should also consider removing Cyndi Dawson from the planning commission as she clearly has very limited knowledge of this field and is only interested in using her position to incite political discord.
17.34 1
Rosemary Balsley
From: eric grodberg <[email protected]>
Sent: Monday, April 10, 2023 3:02 PM
To: City Council
Subject: Planning Commission appointment - item 17
Dear Mayor Keeley and Council,
I strongly support John McKelvey for appointment to the Planning Commission.
John's professional expertise as a local architect would add a building and planning professional's experience, knowledge and wisdom to the Commission.
Furthermore, John is a long time City resident who deeply understands the many aspects of Santa Cruz and has a proven record of civic engagement.
John is extremely qualified and would be an excellent addition to the Planning Commission.
Regards,
-Eric
17.35 City Council
AGENDA REPORT
DATE: 04/05/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Public Works
SUBJECT: Downtown Parking Rates and Parking Requirements Update (PW) RECOMMENDATION: Motion to:
1) Adopt a resolution setting operating hours, parking and permit rates, and increasing parking lots/structures hourly rates and monthly permit rates; and 2) Introduce for publication an ordinance to amend Chapter 10.52 to increase downtown parking meter rates; and
3) Adopt a resolution to eliminate the parking deficiency fee paid by businesses, to update the automobile parking requirements for development projects in Parking District No. 1 per California Assembly Bill 2097 and set monthly parking permit rates.
BACKGROUND: The Public Works Parking Division manages the public parking supply in Downtown Parking District No.1 (the District). Parking supply in Downtown Santa Cruz consists of off-street parking lots and garages that offer both permit rates and hourly rates, on-street parking with both hourly rate meters and monthly meter permits, and free time-limited lots.
There are a total of 2,830 public parking spaces in the District, down from 2,950 in 2018. The costs to operate and maintain the parking infrastructure continue to increase over time.
The last parking rate increase for the downtown area (lots and meters) was approved by City Council in 2018 (Ordinance 2018-11 and Resolution NS-29,441) providing rate increases for 2019 and 2020. In Spring 2020, due to the COVID-19 health emergency, parking rates were reduced or eliminated temporarily by the City Manager to provide economic relief to individuals and businesses as well as limit staff and public interactions. This resulted in substantial financial losses to the Parking Enterprise Fund.
Another significant impact on downtown parking occurred in September 2022 with the passing of California Assembly Bill 2097 (AB 2097) which prohibits a public agency from imposing a minimum automobile parking requirement on any residential, commercial, or other development projects located within one half-mile of public transit as of January 1, 2023, with very limited exceptions. All of the District is within ½ mile of public transit which therefore prohibits the City from imposing automobile parking requirements on most new development projects within the District. This legislation will likely increase the demand on the public supply of parking as new private development is less likely to build parking as part of their project. Additionally, as
18.1 deficiency and in-lieu fees are calculated based on the number of required parking spaces, with no parking able to be required by AB 2097 for most uses, the City will be unable to charge these fees for future development.
With the impacts from COVID-19 and AB 2097, the City is proposing to update the parking rates strategy and the associated ordinances and resolutions to continue to manage, operate, and maintain the parking supply and transportation demand management programs in Parking District 1.
DISCUSSION: The City last updated the parking rates strategy in 2018. At that time, key goals included increasing housing opportunities downtown, sunsetting the deficiency fee, tiering the in-lieu fee to support affordable housing, constructing the Library Affordable Housing project and new parking supply project on Lot 4, and fully funding a Transportation Demand Management (TDM) program downtown. The 2018 rates strategy and policy updates accomplished all of these goals except for construction of the Library Affordable Housing project, which has just secured entitlements from City Council in March 2023.
Since that time, conditions have changed that require updates to the rates strategy. First and foremost, the COVID-19 pandemic had significant negative impacts on the Parking Enterprise Fund. In order to respond to the pandemic, limit staff/customer interaction, and do everything we could to support downtown businesses, the City of Santa Cruz suspended all parking fees in the District. This included monthly permits, deficiency fees, and daily/hourly fees. While this was a strategic policy decision to help businesses address the pandemic, it had significant and lasting impacts on the fiscal sustainability and stability of the parking fund. The actions in this report seek to address these impacts and set the course for a financially sustainable future.
Second, there have been major changes in state law related to parking. With the passing of AB 2097 in September 2022, a public agency cannot require parking for projects located within onehalf mile of high-quality public transit as of January 1, 2023 with limited exceptions. This bill was passed to address the housing shortage in California by reducing the cost of building housing through eliminating parking minimums and to encourage transit use in transit-rich areas.
High quality transit is defined in California Public Resources Code Section 21064.3 and 21155.
As all of the District is within one-half mile of high quality public transit, the City cannot impose automobile parking requirements on most development projects within the District. Development projects that fall under AB 2097 are residential and commercial projects and do not include event centers and do not include projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
With the AB 2097 legislation, it is anticipated that most new developments will build substantially less parking than the prior parking requirements called for. Previously, developers could elect to provide less parking than was required on-site and pay the in-lieu fee or deficiency fee to offset the impact on the District. With the elimination of parking requirements, no fee will be paid to the District, but the District will still absorb the impact.
As the Downtown Plan is implemented, increasing the number of housing units as well as increasing commercial development, more residents and visitors will be attracted to the downtown area. By 2030, it is anticipated that over 1,000 new housing units will be constructed
18.2 within the District. At the same time as new demand is created, it is anticipated that eleven full or partial existing surface parking lots will be utilized for mixed use housing projects, reducing the overall public parking supply downtown by 245 spaces. Stated differently, downtown will be adding over 1,000 housing units, but the supply of public parking will be reduced by 9% over existing conditions.
Parking Management is a key tool to address the increasing demand for and decreasing supply of parking in the District. An updated parking rate strategy needs to be in place along with continued investment in the GO Santa Cruz transportation demand management (TDM) program. Although the City of Santa Cruz has a drive alone rate more than 16% below the national average (58.1% in Santa Cruz compared to 74.9% nationally), there is still a significant reduction in parking demand that is needed as parking supply is reduced relative to increases in residential and commercial density. Parking pricing=is a useful tool to manage parking demand and better align it with the available supply.
Financial Impact:
The District currently collects revenue from three main sources: (1) deficiency and in-lieu fees, (2) permits, (3) hourly and daily fees in lots, structures, and on-street meters.
With the elimination of most parking requirements downtown as the result of AB 2097, this also eliminates the majority of use cases where the recently revamped in-lieu fee would be used, making this revenue source almost obsolete. In the 2018 rates strategy, the City of Santa Cruz committed to sunsetting the deficiency fee paid by many downtown businesses, removing this revenue source. The deficiency fee was an ongoing revenue source paid by businesses that did not provide some or all of their parking on site. It was paid quarterly based on their calculated parking space shortage. The new rates strategy assumes the deficiency fees ends and the remaining two quarters of fees are not collected.
Moving forward, user fees from monthly permits and hourly/daily parking are the only stable revenue source to support the management, maintenance, and operations of the District and all associated programs to support downtown.
Updated Rates Strategy:
Looking ahead, the revenue model for the Parking District must shift to a fully user fee supported system. To tackle this significant change, staff built a financial model to assess a series of scenarios for the coming five years. The financial model utilized 2017 as the “base year”- a year when the District experienced a normal financial and occupancy year. The data from 2017 was neither the best case or the worst case, and assessing this as the benchmark for a “return to normal” sets realistic expectations of a five year recovery from the COVID-19 pandemic to return to the occupancies we saw pre-pandemic.
To assess various paths forward, staff built a five-year projection of the status quo and three scenarios (Scenario 1, Scenario 2, Scenario 3- Attachment 5). Key goals were to become cash flow positive position in the near term, to keep rates reasonable for visitors and employees, finance the new parking supply project with the Library Affordable Housing project on Lot 4, and to begin to support a reserve fund. Each of these scenarios included increases to user fees, eliminated the deficiency fee, provided adequate financing for the new supply project on Lot 4, funded a reserve, and capped monthly permits at $80 per month. The scenarios differ in their
18.3 approach to increasing user fees, with Scenario 1 proposing all increases in FY 2024 and Scenarios 2 and 3 taking two separate increases.
Staff brought the concept of a five-year rates strategy to the Downtown Commission as a needed item and requested review with the Commission's Revenue Ad Hoc Subcommittee. This subcommittee reviewed the scenarios and made a unanimous recommendation to the full commission to adopt Scenario 1. The full Downtown Commission reviewed the five-year rates strategy at their March 23, 2023 meeting. In that discussion, the Commission raised concerns about the proposed increase for monthly permits to $80 in FY 2025, citing concerns about worker recruitment and retention. The Commission also expressed a desire to increase the maximum daily rate in the lots and structures from $10 per day to $16 per day.
The Downtown Commission recommended that City Council approve Scenario “1A”, which would hold monthly permits at $75 per month, increase the daily maximum to $16 in lots and garages, and implement all other proposed changes in Scenario 1. These changes are summarized below.
Summary of Proposed Changes:
In order to address the impact of the COVID-19 pandemic, changes to parking requirements as the result of AB 2097, and to move forward with creation of a new supply project, staff recommends adopting Scenario 1A, which includes the following updates to the Parking Rates in Parking District 1:
Monthly Permits:
FY 2024: Implement the already approved increase to $75 per month Meters:
FY 2024: Increase the meter rate by $0.75 per hour. This would result in meter pricing of $1.75- $2.25 per hour.
Lots and Structures:
FY 2024: Increase the lots and structures rate by $0.75 per hour. Raise the daily maximum to $16 per day. This would result in off-street pricing of $2.00 per hour at all paid lots and garages.
With these changes, the Parking District is projected to be cash flow positive in FY 2024 and building a positive fund balance.
Staff supports Scenario 1A for the following reasons:
-Scenario 1 creates a positive fund balance and positive cash flow for the District, immediately assisting the recovery from the pandemic
-Scenario 1 supports long term capital planning to maintain the District -Scenario 1 places all pricing increases at one time, creating more continuity for users and limiting the need to update materials multiple times
The proposed updates to the Downtown Parking Resolution presented in this report and attachments are proposed to revise the City of Santa Cruz downtown parking requirements to reflect the passage of CA Assembly 2097. The proposed parking rate strategy takes into consideration the parking requirement revisions of CA Assembly Bill 2097.
18.4 FISCAL IMPACT: Scenario 1 creates positive cash flow and a positive fund balance within the Parking Enterprise Fund in FY 2024. There is no impact to the General Fund.
Prepared By:
Claire Gallogly, AICP
Transportation Planner
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION - PARKING OPERATING HOURS PARKING RATES AND PERMIT RATES.DOCX
2. ORDINANCE 10.52 TRACK CHANGES.DOCX
3. DRAFT ORDINANCE.DOCX
4. RESOLUTION - PARKING DISTRICT.DOCX
5. SCENARIO SUMMARY SHEET.DOCX
18.5 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
ESTABLISHING OPERATING HOURS, PARKING RATES AND PERMIT RATES FOR
DOWNTOWN PARKING LOTS AND STRUCTURES AND RESCINDING
RESOLUTION NO. NS-29,441
WHEREAS, The City Council approved a parking rate strategy for the Library MixedUse Project in 2018; and WHEREAS, part of this strategy is to raise parking fees in Downtown surface lots and structures; and
WHEREAS, the COVID-19 pandemic significantly altered parking operations and revenue collection; and
WHEREAS, the Downtown Commission approved the parking rate strategy at their March 23, 2023 Commission Meeting;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Santa Cruz that the following Parking Lot Operating Hours and Parking and Permit Rates are adopted:
PARKING LOT OPERATING HOURS AND PARKING AND PERMIT RATES Lot
No.
Location Type of Parking/
Permit Available
Days/Operating
Hours
Parking Rates
2 Walnut Tree 3 Hour Time Limit
None
Monday—
Saturday
8AM—6PM
Free
3 Cedar/Church
Garage
Pay Parking
None
Everyday
8AM—8PM
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
4 Cedar/Cathcart Pay Parking
None
Everyday
8AM – 8PM
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
6 Civic
Auditorium
Metered Parking
None
Everyday
8AM – 8PM
(Set by Ordinance)
18.6 2
RESOLUTION NO. NS-XX,XXX
Lot
No.
Location Type of Parking/
Permit Available
Days/Operating
Hours
Parking Rates
7 Front/Cathcart Pay Parking
Individual
$65
July 1, 2023
$75 per Month
Everyday
8AM – 8PM
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
8 Pearl Alley Pay Parking
None
Everyday
8AM – 8PM
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
9 Elm Street Pay Parking
None
Everyday
8AM – 8PM
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
10 River Front
Garage
Pay Parking
Individual
$65
July 1, 2023
$75 per Month
Everyday
24 hours per
day
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
11 Front Street
South
3 Hour Time Limit
None
MondaySaturday
8AM - 6PM
Free
12 South Pacific 3 Hour Time Limit
None
MondaySaturday
8AM - 6PM
Free
13 City Hall 3 Hour Time Limit Santa
Cruz City Employees
Only Free
MondaySaturday
8AM - 6PM
Free
14 Library 3 Hour Time Limit Santa
Cruz City Library
Employees Only Free
MondaySaturday
8AM - 6PM
Free
16 Sentinel Pay Parking
Individual
$65
July 1, 2023
$75 per Month
Everyday
8AM – 8PM
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
18.7 3
RESOLUTION NO. NS-XX,XXX
Lot
No.
Location Type of Parking/
Permit Available
Days/Operating
Hours
Parking Rates
17 Laurel Street
Extension
Metered Parking
None
Everyday
8AM – 8PM
(Set by Ordinance)
18 Beach Hill Metered Parking
None
Everyday
8AM – 8PM
(Set by Ordinance)
20 Birch Lane Pay Parking
Individual
$65
July 1, 2023
$75 per Month
Everyday
24 hours per
day
Permit Parking Only
21 Third/Raymond Metered Parking
None
Everyday
8AM – 8PM
(Set by Ordinance)
24 Depot Park
North
Pay Parking
Commuter
$75 per Quarter
UCSC Student
$125 per Quarter
Summer Wharf Employee
$1 per Day
Everyday
8AM – 8PM
$1 per Hour
$5 Daily Max
25 Depot Park
South
Pay Parking Everyday
8AM – 8PM
$2 per Hour
$10 Daily Max
26 Police Dept. 3 Hour Time Limit LNCC
Visitors
Everyday
8AM – 8PM
Free
32 Eastside Lot
Soquel/Benito
3 Hour Time Limit
Individual
$75 per Quarter
MondaySaturday
8AM - 6PM
Free
Locust Garage Pay Parking Individual
$65
July 1, 2023
$75 per Month
Everyday
24 hours per
day
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
Soquel/Front
Garage
Pay Parking Individual
$65
July 1, 2023
$75 per Month
Everyday
24 hours per
day
$1.25 per Hour
$10 Daily Max
As of July 1, 2023
$2 per Hour
$16 Daily Max
18.8 4
RESOLUTION NO. NS-XX,XXX
Lot
No.
Location Type of Parking/
Permit Available
Days/Operating
Hours
Parking Rates
Individual Everyday
$65
July 1, 2023
$75 per Month
Meter Permits
8AM – 8PM
Annual Service
Permits
$250 per Year
Construction
Permits
$5 per Day
$75 per Month
Residential
Construction
Permits
$2 per Day
$40 per Month
PASSED AND ADOPTED this 11th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
18.9 210.52.210 PARKING METER RATE 1- CENTRAL BUSINESS DISTRICT – TWOHOUR VARIABLE RATE.
For 2019:
First Hour $1.25
Second Hour $1.25
Each Additional Hour $2.50
For 2020:
First Hour $1.50
Second Hour $1.50
Each Additional Hour $3.00
For 2023:
First Hour $2.25
Second Hour $2.25
Each Additional Hour $4.50
A variable rate is established on the following streets:
(1) Cathcart Street, between Front Street and Cedar Street. (2) Church Street, between Pacific Avenue and Cedar Street. (3) Cooper Street, between Pacific Avenue and Front Street. (4) Elm Street, between Pacific Avenue and Cedar Street. (5) Lincoln Street, between Pacific Avenue and Cedar Street. (6) Locust Street, between Pacific Avenue and Cedar Street. (7) Maple Street, between Pacific Avenue and Cedar Street. (8) North Pacific Avenue, between Water Street and Bulkhead Street. (9) Soquel Avenue, between Pacific Avenue and Front Street. (10) Walnut Avenue, between Pacific Avenue and Cedar Street.
18.10 The parking meter rates may be increased by twenty-five cents per hour based on vehicle occupancy on any block or set of blocks during the hours of parking meter operation if occupancy is eighty-five percent or above between the hours of 12:00PM - 4:00 PM on Wednesdays. Rates shall be adjusted for any particular block or set of blocks not more than once every twenty-eight days with a maximum rate of five dollars per hour. (Ord. 2018-11 § 1, 2018: Ord. 2018-05 § 2, 2018: Ord. 2014-11 § 4, 2014: Ord. 2011-01 § 1, 2011: Ord. 93-04 § 1, 1993: Ord. 88-69 § 1, 1989: Ord. 88-09 § 1, 1988: Ord. 87-23 § 1, 1987:
Ord. 86-37 § 1 (part), 1986).
210.52.215 PARKING METER RATE 2- CENTRAL BUSINESS DISTRICT – TWOHOUR VARIABLE RATE.
For 2019:
First Hour $1.00
Second Hour $1.00
Each Additional Hour $2.00
For 2020:
First Hour $1.50
Second Hour $1.50
Each Additional Hour $3.00
For 2023:
First Hour $2.25
Second Hour $2.25
Each Additional Hour $4.50
A variable rate is established on the following streets:
(1) Bulkhead Street, between North Pacific Avenue and Water Street. (2) Cedar Street, between Center Street and Laurel Street. (3) Center Street, between Chestnut Street and Elm Street. (4) Chestnut Street, between Center Street and Squid Row. (5) Church Street, between Cedar Street and Lot No. 6.
(6) Front Street, between Water Street and Laurel Street.
18.11 (7) Knight Street, between North Pacific Avenue and Water Street. (8) Lincoln Street, between Cedar Street and Washington Street. (9) Locust Street, between Cedar Street and Center Street. (10) River Street South, between River Street and Soquel Avenue. (11) Union Street, between Cedar Street and Center Street. (12) Walnut Avenue, between Cedar Street and Center Street. (13) Water Street, between Front Street and River Street.
The parking meter rates may be increased by twenty-five cents per hour based on vehicle occupancy on any block or set of blocks during the hours of parking meter operation if occupancy is eighty-five percent or above between the hours of 12:00PM - 4:00 PM on Wednesdays. Rates shall be adjusted for any particular block or set of blocks not more than once every twenty-eight days with a maximum rate of five dollars per hour. (Ord. 2018-11 § 2, 2018: Ord. 2014-11 § 5, 2014: Ord. 2011-01 § 2, 2011). 210.52.220 PARKING METER RATE 3- CENTRAL BUSINESS DISTRICT – TWELVEHOUR RATE.
For 2019: A rate of seventy-five cents per hour is established on the following streets and portions of streets, and
For 2020: A rate of one dollar per hour is established on the following streets and portions of streets:
For 2023: A rate of one dollar and seventy-five cents is established on the following streets and portions of streets:
(1) Bulkhead Street, between North Pacific Avenue and Water Street. (2) Cedar Street, between Center Street and Laurel Street. (3) Center Street, between Chestnut Street and Elm Street. (4) Church Street, between Center Street and Lot No. 6.
18.12 (5) Civic Auditorium Parking Lot, Public Parking Lot No. 6. (6) Lincoln Street, between Cedar Street and Center Street. (7) River Street, between North Pacific Avenue and Front Street. (8) River Street South, between River Street and Soquel Avenue. (9) Walnut Street, between Cedar Street and Center Street. (Ord. 2018-11 § 3, 2018: Ord. 2014-11 § 6, 2014: Ord. 2011-01 § 3, 2011: Ord. 2009-19 § 1, 2009: Ord. 93-04 § 1, 1993: Ord. 88-69 § 2, 1989: Ord. 88-68 § 1, 1989: Ord. 88-09 § 1, 1988:
Ord. 87-23 § 1, 1987: Ord. 86-37 § 1 (part), 1986).
210.52.240 PARKING METER RATE 4- CENTRAL BUSINESS DISTRICT – SHORT TERM METERS.
The rate for twenty-minute and thirty-minute time-limit parking meters shall be tied to the rate of neighboring two-hour variable rate parking meters as shown on the chart below:
Two-Hour Variable
Meter Rate
Short-Term Parking
Meter Rate
$1.002.25/hour $1.002.25/hour
$0.751.75/hour $0.751.75/hour
(Ord. 2014-11 § 8, 2014: Ord. 2011-01 § 4, 2011: Ord. 95-01 § 3, 1995: Ord. 93-04 § 1, 1993:
Ord. 89-02 § 2, 1989: Ord. 88-69 § 4, 1989: Ord. 88-62 § 3, 1988: Ord. 88-09 § 1, 1988: Ord. 87-23 § 1, 1987: Ord. 86-37 § 1 (part), 1986).
18.13 ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 10.52 OF THE SANTA CRUZ MUNICIPAL CODE RELATING TO PARKING
RATES IN THE CENTRAL BUSINESS DISTRICT
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Section 10.52.210 of Chapter 10.52 is hereby amended as follows:
210.52.210 PARKING METER RATE 1- CENTRAL BUSINESS DISTRICT – TWO-HOUR VARIABLE RATE.
For 2023:
First Hour $2.25
Second Hour $2.25
Each Additional Hour $4.50
A variable rate is established on the following streets:
(1) Cathcart Street, between Front Street and Cedar Street. (2) Church Street, between Pacific Avenue and Cedar Street. (3) Cooper Street, between Pacific Avenue and Front Street. (4) Elm Street, between Pacific Avenue and Cedar Street. (5) Lincoln Street, between Pacific Avenue and Cedar Street. (6) Locust Street, between Pacific Avenue and Cedar Street. (7) Maple Street, between Pacific Avenue and Cedar Street. (8) North Pacific Avenue, between Water Street and Bulkhead Street. (9) Soquel Avenue, between Pacific Avenue and Front Street. (10) Walnut Avenue, between Pacific Avenue and Cedar Street.
The parking meter rates may be increased by twenty-five cents per hour based on vehicle occupancy on any block or set of blocks during the hours of parking meter operation if occupancy is eighty-five percent or above between the hours of 12:00PM - 4:00 PM on Wednesdays. Rates shall be adjusted for any particular block or set of blocks not more than once every twenty-eight days with a maximum rate of five dollars per hour.
18.14 Section 2. Section 10.52.215 of Chapter 10.52 is hereby amended as follows:
210.52.215 PARKING METER RATE 2- CENTRAL BUSINESS DISTRICT – TWO-HOUR VARIABLE RATE.
For 2023:
First Hour $2.25
Second Hour $2.25
Each Additional Hour $4.50
A variable rate is established on the following streets:
(1) Bulkhead Street, between North Pacific Avenue and Water Street. (2) Cedar Street, between Center Street and Laurel Street. (3) Center Street, between Chestnut Street and Elm Street. (4) Chestnut Street, between Center Street and Squid Row. (5) Church Street, between Cedar Street and Lot No. 6.
(6) Front Street, between Water Street and Laurel Street. (7) Knight Street, between North Pacific Avenue and Water Street. (8) Lincoln Street, between Cedar Street and Washington Street. (9) Locust Street, between Cedar Street and Center Street. (10) River Street South, between River Street and Soquel Avenue. (11) Union Street, between Cedar Street and Center Street. (12) Walnut Avenue, between Cedar Street and Center Street. (13) Water Street, between Front Street and River Street.
The parking meter rates may be increased by twenty-five cents per hour based on vehicle occupancy on any block or set of blocks during the hours of parking meter operation if occupancy is eighty-five percent or above between the hours of 12:00PM - 4:00 PM on Wednesdays. Rates shall be adjusted for any particular block or set of blocks not more than once every twenty-eight days with a maximum rate of five dollars per hour.
18.15 Section 3. Section 10.52.220 of Chapter 10.52 is hereby amended as follows:
210.52.220 PARKING METER RATE 3- CENTRAL BUSINESS DISTRICT – TWELVE-HOUR RATE.
For 2023: A rate of one dollar and seventy-five cents is established on the following streets and portions of streets:
(1) Bulkhead Street, between North Pacific Avenue and Water Street. (2) Cedar Street, between Center Street and Laurel Street. (3) Center Street, between Chestnut Street and Elm Street. (4) Church Street, between Center Street and Lot No. 6. (5) Civic Auditorium Parking Lot, Public Parking Lot No. 6. (6) Lincoln Street, between Cedar Street and Center Street. (7) River Street, between North Pacific Avenue and Front Street. (8) River Street South, between River Street and Soquel Avenue. (9) Walnut Street, between Cedar Street and Center Street.
Section 4. Section 10.52.240 of Chapter 10.52 is hereby amended as follows:
210.52.240 PARKING METER RATE 4- CENTRAL BUSINESS DISTRICT – SHORT TERM METERS.
The rate for twenty-minute and thirty-minute time-limit parking meters shall be tied to the rate of neighboring two-hour variable rate parking meters as shown on the chart below:
Two-Hour Variable
Meter Rate
Short-Term Parking
Meter Rate
$2.25/hour $2.25/hour
$1.75/hour $1.75/hour
Section 10. This ordinance shall take effect and be in full force thirty (30) days after final adoption.
18.16 PASSED FOR PUBLICATION this 11th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this __th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ___________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2023-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator
18.17 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ UPDATING PARKING REQUIREMENTS IN PARKING DISTRICT NO. 1 AND RESCINDING RESOLUTION NO. NS-29,712
WHEREAS, proceedings for the formation of Parking District No. 1 were initiated by the City Council of the City of Santa Cruz in Resolution No. NS-2233, adopted June 25, 1956; WHEREAS, thereafter Parking District No. 1 was duly formed and now exists in the Central Business District of the City of Santa Cruz, pursuant to said resolution, City ordinances, and the Parking District Law of 1951, California Streets and Highways Code, Section 35100 et seq.;
WHEREAS, the system of off-street automobile parking spaces in Parking District No. 1 has been acquired and improved for the benefit of the properties in said Parking District No. 1, and for the use by business owners, their employees, customers, and others in Parking District No. 1.
WHEREAS, bonds of Parking District No. 1 have been issued, sold, and delivered to finance the acquisition and improvement of parking supply and funds have been required to pay a portion of the principal and interest of said bonds;
WHEREAS, Santa Cruz Municipal Code Section 12.32.420 and California Streets and Highways Code Section 35108(g), authorize the City to fix and collect rentals, fees, and charges for the use of parking places in Parking District No. 1; WHEREAS, the Downtown Commission recognized the need to create deficiency fee equity for sole medical practitioners with 1200 square feet or less office area; WHEREAS, the Downtown Commission, in an effort to establish equity and fair standards for all businesses downtown , has recognized the need to assess deficiency fees from ongoing special events that do business in public parking lots at least once a month; WHEREAS, on September 8, 2020, the City Council adopted a revised parking rates strategy to sunset the deficiency fee;
WHEREAS the COVID-19 pandemic created hardships for the downtown businesses and the parking deficiency fees were suspended to help offset these hardships; WHEREAS on September 22, 2022 Assembly Bill 2097 was passed to prohibit a public agency from imposing a minimum automobile parking requirement on any residential, commercial, or other development project (exclusive of event centers and transient lodging) that is located within ½ mile of public transit starting January 1, 2023;
18.18 WHEREAS all of the Downtown Parking District No. 1 is within ½ mile of public transit which therefore prohibits the City of imposing automobile parking requirements on certain projects within Parking District 1;
WHEREAS on March 23, 2023 the Downtown Commission reviewed and recommended updates to the Parking Rates within Parking District No. 1; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
SECTION 1: DEFINITIONS. Terms used herein shall have the following meaning unless the context otherwise requires:
(a) ADEQUATE. "Adequate" means that Parking District No. 1 is able to supply at least half of the expected parking demand of the new project. (b) DECISION MAKING BODY. "Decision making body" shall mean the Santa Cruz City Council which is the final approval body for matters pertaining to Parking District No. 1. (c) DEFICIENCY FEE. "Fee" means the Parking Deficiency Fee. (d) AB 2097 DEVELOPMENT PROJECT. “AB 2097 Development project” as defined by AB 2097 means a residential or commercial project and does not include an event center and does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(e) GROSS FLOOR AREA. "Gross Floor Area" shall mean the sum of the gross horizontal floor area of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings; in cases where no walls exist or a roof projects more than two (2) feet beyond exterior wall, the gross horizontal floor area shall be that area covered by the roof excluding two (2) feet for standard roof projection. In buildings where multiple tenants share common area, the common area shall be divided among the tenants based on their percentage of privately occupied floor area. (f) IN-LEIU FEE. To meet parking requirements within Parking District No. 1, the developer shall have the option of paying a one-time in-lieu fee rather than providing offstreet parking for automobiles within the project. (g) OFF-STREET PARKING SPACE. "Off-street parking space" has the meaning set forth in the Santa Cruz Municipal Code, Title 24 (Zoning Ordinance), Chapter 24.10. (h) ORDINANCES AND PROCEEDINGS. "Ordinances and proceedings" refers herein to any City codes, ordinances, resolutions, and proceedings referring to such codes,
18.19 ordinances, resolutions, and proceedings, as they now exist, or as they may be now or hereafter amended or modified.
(i) PARKING PLACES. "Parking places" means all public parking lots owned or leased by the City, and located within Parking District No. 1. (j) PERSON. "Person" means any individual, corporation, general partnership, limited partnership, trust, or any other form of business organization.
SECTION 2. OFF-STREET AUTOMOBILE PARKING REQUIREMENTS IN PARKING DISTRICT NO 1.
California Assembly Bill 2097 was passed on September 22, 2022 which prohibits a public agency from imposing a minimum automobile parking requirement on any residential, commercial, or other development project (exclusive of event centers and transient lodging) that is located within ½ mile of public transit starting January 1, 2023. All of Parking District No. 1 is within one-half mile of public transit which therefore prohibits the City from imposing automobile parking requirements on development projects (as defined by CA AB 2097) within Parking District No. 1.
The developer of “AB 2097 development projects” shall include in all tenant leases a disclosure statement stating that Parking District No. 1 does not guarantee dedicated parking.
When parking is provided as part of a development project, requirements for parking spaces with electric vehicle charging facilities and parking spaces that are accessible to persons with disabilities must be implemented in a manner consistent with the California Building Standards Code and state law.
For the purpose of computing the parking space requirements for projects that are not “AB 2097 development projects” as defined above, the requirements of Chapter 24.12 shall be modified below. These modifications incorporate shared parking standards. No ability to gain additional parking space reductions under Chapter 24.12 of the Zoning Ordinance are permitted. (a) Unless otherwise required in this resolution, all parking ratios will be computed on the basis of one space for each four hundred (400) square feet of gross floor area (b) Existing or reconstructed hotel, or other transient lodging shall pay fees based on the following standards: 0.25 space/unit
SECTION 3: CALCULATION OF PARKING SHORTAGES IN PARKING DISTRICT NO. 1 The parking space shortage for any use in Parking District No. 1 shall be computed as follows:
(1) First, determine the number of off-street parking spaces that would be required under Santa Cruz Municipal Code Title 24 (Zoning Ordinance), Chapter 24.12 as modified in SECTION 2 of this resolution, where the owner or occupant of project is required to provide such off-street parking spaces.
18.20 (2) Second, subtract therefrom the number of off-street parking spaces actually being provided or will be provided for the premise by the owner or occupant of the premise, in conformity with the requirements of Chapter 24.12 as modified in this ordinance; include in the subtracted number only such spaces as are open to the public free of charge.
(3) The number obtained by this subtraction is the parking space shortage for the premise. This shortage will be used in calculation of in-lieu fees. (4) In the event that the project is a change of use of an existing development, the parking shortage will only be calculated for any intensification in required parking over the existing requirements. In-lieu fees for any parking shortage will only be assessed on difference between current requirements and new requirements. There will be no refunds of fees if the new project has a lower parking requirement than the proposed project.
SECTION 4 IN LIEU FEES. To meet applicable parking requirements within Parking District No. 1, the developer shall have the option of paying a one-time in-lieu fee rather than providing offstreet parking within the project. (a) For development projects that have required parking and where Public Works staff and the Downtown Commission are able to determine that there is sufficient supply in Parking District No. 1 or there is a public benefit in allowing such a project to proceed, even though its anticipated parking demand cannot be served in public parking facilities, the property owner of a project is allowed to proceed with the project by paying a one time in-lieu fee. (b) The in-lieu fee shall be paid on the shortage of parking spaces as calculated in Section
3. (c) This fee will apply to both new uses and intensification of existing uses when the calculated parking requirements increase. In the case of intensification, the in-lieu fee will only apply to the increase in requirements over the previous use, not the entire requirement. (d) Where a property is eligible for a one time in-lieu fee, the property owner shall be liable for the in lieu fee, and the fee shall be calculated and paid at the time of the issuance of a building permit
SECTION 5. PARKING FEES IMPOSED. In-Lieu Fees for use of the parking spaces and other Parking District No. 1 facilities are hereby fixed and imposed.
These fees shall be as set forth in Section 6 and remain in effect until modified or repealed by a subsequent resolution of the Santa Cruz City Council. For projects that cannot meet their on-site parking requirements, the in-lieu fee that is in place at the time of building permit shall apply.
SECTION 6. PARKING FEES FOR DEFICIENCY FEE AND IN-LIEU FEE. (a) Deficiency Fee Rates. As of July 1, 2023, the Deficiency Fee will be eliminated.
18.21 (b) ONE TIME IN-LIEU FEE RATE. For any project where parking is required and not provided on-site, and where the Downtown Commission and the decision-making body determine that a one time in-lieu fee is appropriate, the in-lieu fee shall be paid at $20,000 per required parking space.
SECTION 7. PURPOSES AND PROCEEDS. The purpose of this resolution is to provide revenue for Parking District No. 1 to assist in meeting bond payments. The proceeds of the fees herein fixed shall be deposited in the Bond Fund created by Section 30 of Resolution No. NS-2757, a resolution providing for issuance of bonds, adopted September 4, 1957, and applied to the purposes therein provided. Any excess not required for the purposes stated in said bond resolution shall be deposited in the Bond Fund created by subsequent bond resolutions authorizing the issuance of addition bonds for Parking District No. 1, and shall be applied to the purposes therein provided.
Any excess thereafter shall be applied to enforcement, maintenance and other capital and operating costs of Parking District No. 1.
SECTION 8. ADMINISTRATIVE REGULATIONS. The Director of Finance may adopt regulations consistent with the provisions of this resolution, whenever necessary or convenient, for the proper administration of this resolution.
SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon the date of its adoption.
BE IT FURTHER RESOLVED that Resolution No. NS-29,538 is hereby rescinded.
PASSED AND ADOPTED this 11th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
18.22 Attachment 5: Five-year Rate Strategy Options
Status quo:
Meters: $1.00-1.50/hour
Lots: $1.25/hour
Permits increase to $75 in FY 24
FY 23 FY 24 FY25 FY26 FY27 FY28
Annual
Ending (1,856,469) (1,498,828) (1,753,850) (2,350,823) (2,399,545) (1,652,071) Cumulative
Ending (477,237) (1,976,065) (3,729,914) (6,080,737) (8,480,283) (10,132,354) Scenario 1A- Recommended by Downtown Commission and Staff FY 23 FY 24 FY25 FY26 FY27 FY28
Permits $55 -> $65
(approved)
$75
(approved)
$75 $75 $75 $75
Meters $2.25/$1.75
(+.75)
Lots/Garages $2.00 (+.75)
Annual
Ending
(1,856,469)
938,672 744,945 453,142 574,146 1,764,646
Cumulative
Ending
(477,237) 461,436 1,206,380 1,659,522 2,233,668 3,998,314 Scenario 1
FY 23 FY 24 FY25 FY26 FY27 FY28
Permits $55 -> $65
(approved)
$75
(approved)
$80 $80 $80 $80
Meters $2.25/$1.75
(+.75)
Lots/Garages $2.00 (+.75)
Annual
Ending (1,856,469) 938,672 834,345 548,542 669,546 1,860,046 Cumulative
Ending (477,237) 461,436 1,295,780 1,844,322 2,513,868 4,373,914 Scenario 2
FY 23 FY 24 FY25 FY26 FY27 FY28
Permits $55 -> $65
(approved)
$75
(approved)
$80 $80 $80 $80
Meters $2.00/$1.50
(+.50)
$2.25/$1.75
(+.25)
Lots/Garages $1.75 (+.50) $2.00 (+.25)
Annual
Ending (1,856,469) 126,172 834,345 548,542 669,546 1,860,046 Cumulative
Ending (477,237) (351,065) 483,280 1,031,822 1,701,368 3,561,414
18.23 Attachment 5: Five-year Rate Strategy Options
Scenario 3
FY 23 FY 24 FY25 FY26 FY27 FY28
Permits $55 -> $65
(approved)
$75
(approved)
$80 $80 $80 $80
Meters $2.00/$1.50
(+0.50)
$2.25/$1.75
(+.25)
Lots/Garages $1.75 (+.50)
Annual
Ending (1,856,469) 126,172 1,413 38,564 82,771 1,159,283 Cumulative
Ending (477,237) (351,065) (349,651) (311,087) (228,316) 930,967
18.24 1
Rosemary Balsley
From: Judi Grunstra <[email protected]>
Sent: Monday, April 10, 2023 10:03 AM
To: City Council
Subject: April 11 meeting- Parking
Dear Mayor and Council,
Though it is fair that people who use parking should be the ones who pay for it, and compared to other cities $2/hr is not that expensive, it does seem that raising rates downtown will impact low‐wage earners who work downtown. (Equity issue). I have made a point of noticing that downtown garages almost always have plenty of available space, even now post‐Covid. So these higher rates must be to pay for the new garage which is not needed. Why can’t the city make arrangements with owners of downtown properties that have large lots that seem largely empty, such as Wells Fargo and Santa Cruz County banks on River St? And offering daily permits rather than monthly permits might encourage those permit holders to drive less frequently, perhaps using other transportation on some days.
The proposed elimination of all parking requirements in new developments seems naive. (At least hotels will have to provide parking.). People will still own cars, especially those in the many market rate housing units. A lack of parking will impact neighborhoods nearby. As for parking for future Warriors Arena employee parking, to be worked out later, I can’t wait to see how traffic and parking issues will be addressed for attendees, not just employees, in that densified beach‐adjacent area.
Judi Grunstra
Sent from my iPad
18.25 City Council
AGENDA REPORT
DATE: 03/31/2023
AGENDA OF: 04/11/2023
DEPARTMENT: Public Works
SUBJECT: Appeal of Proposed Single Space Markings on David Way (PW) RECOMMENDATION: Continued to April 25, 2023 Council meeting.
19.1 20.1
20.2 20.3
20.4 20.5
21.1 21.2
21.3